How to Deal With the Challenges of Construction Arbitration

Arbitration is sought as a last resort in the construction industry. Generally, the claiming parties move to the court for resolving their disputes. In this way, courts play the role of arbitrator to eliminate the issue between the conflicting parties.

In this way, the arbitrator is generally the tribunal member with essential experience of dealing with claims in mega projects. The laws vary from country to country, and so if you are dealing with construction claims in UAE, you should be aware of the process.

However, it is not easy to face the challenges of legal proceedings as you have to take assistance from an experienced quantum expert, legal advisors as well as technical professionals. To avoid mistakes, it is better to consider the post for some easy tips to help you get through the process.

Top Tips to face the Challenges in Construction Arbitration

Nevertheless, claims in construction are complicated that need to be dealt with an iron hand. For this reason, many claimants opt for the hammer of the court to crush the dispute. But, a few people understand the complications associated with legal matters.

A few challenges and easy ways to deal with these are given in the post for your considerations. Let’s start:

Hitches related to documentation management

Naïve contractors always ignore the value of maintaining documents to record the process management in construction. It can cause severe problems in the case of a dispute among the contracting parties. Consequently, such contractors have to face the challenge of partial documentation.

So, you should understand the value of bookkeeping in construction project management to ensure the provision of evidence in the court. If you have not prepared well for the documentation, it is suggested to keep the financial transaction receipts save for managing documents in later stages.

Threats of multiple dispute claims

You may find various types of claims in the construction industry, including delay, design variation, change in construction order and defects claims. However, if the disputing party has raised more than one issue in the court, you should be prepared for defending multiple disputes in the court.

You can deal with this challenge by considering the situations critically from diverse perspectives to figure out your strengths. Not only this, you should look for potential ways to avoid uncertainties in your defense strategy to acquire the trust of the tribunal.

Risks of financial embezzlement by different entities

When a contracting party moves to the court for dispute settling, the probability of successful completion of the project diminishes considerably. However, exceptions exist. In such a situation, the involved parties can cause serious embezzlement in the finances. Therefore, it is better to look for professional assistance from an experienced quantum expert to get accurate statistics of the work accomplished in financial terms.

Final thought

Summing up, arbitration is referred to as the legal binding on contracting parties to resolve their disputes and claims under the auspicious supervision of the court. The method is generally avoided because it is a lengthy process. Sometimes, it becomes imperative to involve the court for justice. But you should be prepared to meet the challenges carefully.

The expert witness of quantum generally focuses on financial aspects during the arbitration procedure. Owing to this very reason, it is suggested to rely on industry specialists along with well-reputed legal advisor to handle the matter wisely.

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