Download PDF by I. Ellenberg: Dispute Resolution In Construction Management

By I. Ellenberg

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For specific details reference should be made to the various web pages listed at the end of the book. There are a large number of 28 Dispute resolution in construction management •Dispute final 29/10/02 3:45 PM Page 29 other jurisdictions, which may be separate, or come under one of the three main levels. These are not covered here, as they do not handle building matters. To provide a comparison, information is also supplied regarding the relative American courts. Before we look at each court within this hierarchy, it is useful to understand two areas to which I will refer in these sections.

The United States Act requires a written agreement to submit either an existing dispute or provision for a future dispute, to be heard by arbitration under the Act. The United Kingdom Act requires the agreement to be in writing but does not mention any specific requirement for a contract. Scott v. Avery Article 8 of the Model Law covers arbitration agreements and substantive claims before a court. This is an interesting area of law relating to arbitration. The Model Law states that where an action which is subject to an arbitration agreement is bought before a court, the court will send the matter to arbitration if they agree this situation does legally exist and/or if a party so requests (within certain conditions).

The boss can remain safely seated at this distance and look up at an employee without a loss of status. This matter of spatial relationships is likely to have significance within the construction industry. Other than the obvious office situation (boss to employee) there is a more important area — the physical site where the building is being constructed. At the domestic level, it could be construed that a builder undertaking construction of an extension to a house is in the greatest danger of encroaching on the client’s space, where the workplace is the client’s home and their place of retreat.

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