The Civil Engineering Contractor February 2018 | Page 37

THOUGHT LEADERSHIP
A contractor who demonstrates a regular and proactive approach in submitting
notices and/or correspondence is less likely to end in dispute.
When one party feels aggrieved, events become unpleasant and tend to end up in a
long and costly process to determine the legitimacy of any claim.
Conclusion
The awareness of the contract
administrator is paramount in avoiding
potential conflicts and risks.
Risks should be identified as potential
claims and be addressed in an amicable
way before emotions are brought into
the decision-making process. As with
the television referee, any decision
made where all the facts are well
presented, with no malfunctioning
camera, all parties will accept the
decision and continue to work
together. It is only when one party
feels aggrieved that events become
unpleasant and tend to end up in a
long and costly process to determine
the legitimacy of any claim. nn
"... due to the complexities
during the event, it is not
always possible for the
umpire to make a fair and just
decision on the event and he
will then refer to the so-called
television referee."
As in the case of the television referee,
the arbitrator or mediator will request
all supporting documentation relating
to the event. In the case of complex
issues, interviews may be carried out,
expert witnesses called in, and so on.
The arbitrator will scrutinise the
documents and arguments delivered by
the parties in an attempt to understand
the issues and to then reach a fair and
equitable decision.
About the author
Stefan Müller is managing director
of GibConsult, expert in claims
and contract administration, and
he is a member of the Institute of
Construction Claims Practitioners
(MICCP).
CEC February 2018 - 35