Disagreements and disputes

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    Please note that the Landscape Institute does not get involved in any way to assist parties involved in disputes. This is not untypical for a professional body since other mechanisms exist that are designed for the purpose. Where the LI may become involved is where an official complaint about the conduct of a practitioner is made under the permitted grounds. The following, however, is a brief discussion of some avenues for resolving disagreements and disputes.

    Clearly it is always preferable if disagreements and disputes are resolved between parties in the simplest, cheapest and equitable way possible, even if this means chalking a loss up to experience. The prior development of a complaints policy is also helpful, particularly in larger practices or with high staff turnover.

    Sometimes resolution is not possible but professional mediation may help.

    Adjudication is specific to the construction industry and is provided by the CIC scheme (when it has suitably trained adjudicators available). It is a private, fast-track approach intended to keep projects going. It was brought in because previously when contracts in the construction industry were in dispute it took years rather than months to sort out and sometimes subcontractors would go into liquidation while waiting to be paid. Adjudication also does not preclude revisiting the dispute via arbitration or the courts if one party is not happy with the adjudicator’s decision.

    The Housing Grants Construction and Regeneration Act 1996 and the Adjudication Society and Chartered Institute of Arbitator’s Scheme for Construction Contracts govern adjudication.

    Arbitration is a course of action provided by the Arbitration Act 1996. Arbitration is a much more involved and expensive process than adjudication notwithstanding having been intended to be cheaper than resorting to the courts. The Construction Industry Model Arbitration Rules 2011 produced by JCT/CIMAR govern arbitration in JCLI and JCT contracts. Arbitration is generally private.

    (based on advice from Colin Moore CMLI and Elizabeth Blackledge CMLI)

     

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