Dispute avoidance

Dispute avoidance

Dispute avoidance is the most efficient tool to achieve successful project delivery. It allows the parties to resolve disagreements in real time, as they arise, in a time and cost-effective manner. It enables the project teams to focus on project completion rather than claim management. Dispute avoidance also preserves the parties’ relationship. It is therefore in the best interest of both the parties, and the projects.

Although the advantages of dispute avoidance are immense and its costs are minimal, parties and their advisors do not always employ it. This is because dispute avoidance requires not only a very specific mindset, but also an excellent command of the methods and tools to achieve it. We offer dispute avoidance services at every stage of international construction contracts to enhance project delivery for the benefits of all stakeholders in the industry.

We assist our clients to prevent disagreements and claims through strategic procurement advice, contract drafting and negotiation, as well as contract and claim management. When a third-party is required to reach a negotiated settlement, we accompany our clients through alternative dispute resolution processes. When an amicable arrangement is reached, we assist our clients in drafting contract amendments and settlement agreements.

  • Advising and assisting a Middle Eastern contractor in risk analysis and negotiation of a contract for the provision of MEP services in relation to the construction of two hospitals in sub-Saharan Africa (FIDIC Green Book 2021).
  • Advising and assisting a European contractor in risk analysis and negotiation of a contract for the provision of design services for a EUR 25 million construction project in Saudi Arabia (FIDIC White Book 2017).
  • Advising and assisting a logistics operator in the drafting and negotiation of construction contracts for the extension works of the yard surface area of a port in West Africa (including FIDIC Red, Yellow, Green and White Books).
  • Advising and assisting a North-African engineering company in drafting its general and particular conditions of contract for its day-to-day business for the provision of procurement, design, construction and contract administration services. This included drafting a construction contract, an EPC contract, an EPCM contract, a design services contract, an operation and maintenance contract, and a contract for the supply of industrial equipment. We also provided training in relation to these contracts to familiarise the legal, project and delivery teams with the content and operation of these contracts.
  • Advising and assisting a contractor in the management and resolution of claims for an extension of time and additional costs relating to the construction of buildings as part of the development of a nuclear plant. The contract price was EUR 87 million. The amount in dispute was EUR 15 million (FIDIC Yellow Book 1999).
  • Advising and assisting a North American contractor in the successful management and resolution of claims relating to the construction of an LNG plant in North Africa. The contract price was USD 2 billion. The amount in dispute was USD 340 million (bespoke EPC contract).
  • Advising and assisting a European contractor in the analysis and management of claims relating to the engineering and construction of floating foundations for an off-shore wind farm. The contract price was EUR 80 million. The amount in dispute was EUR 15 million (FIDIC Yellow Book 1999).
  • Advising and assisting a Middle Eastern employer in the management and resolution of claims for extensions of time and additional costs relating to:
    • the construction of a high-rise building. The contract price was USD 710 million. The amount in dispute was USD 250 million (FIDIC Red Book 1999).
    • the construction of a conference centre. The contract price was USD 220 million. The amount in dispute was USD 190 million (FIDIC Red Book 1999);
    • the construction of roads and associated utilities. The contract price was USD 200 million. The amount in dispute was USD 122 million (FIDIC Red Book 1999);
    • the construction of roads, junctions, tunnels and land bridges. The contract price was USD 71 million. The amount in dispute was USD 58 million (FIDIC Red Book 1999);
    • the construction of 57 skywalks. The contract price was USD 93 million. The amount in dispute was USD 40 million (FIDIC Red Book 1999);
    • the construction of a Financial Plaza. The contract price was USD 77 million. The amount in dispute was USD 19 million (FIDIC Red Book 1999);
    • the design and construction of 44 towers offering office, residential and commercial accommodation as well as two five-star hotels. The contract price was USD 3.7 billion. The amount in dispute was USD 1.2 billion (FIDIC Yellow Book 1999);
    • the design and construction of four office buildings. The contract price was USD 410 million. The amount in dispute was USD 83 million (FIDIC Yellow Book 1999);
    • the design and construction of two office buildings. The contract price was USD 351 million. The amount in dispute was USD 167 million (FIDIC Yellow Book 1999);
    • the design and construction of two high-rise office buildings. The contract price was USD 306 million. The amount in dispute was USD 370 million (FIDIC Yellow Book 1999);
    • the design and construction of dedicated car parks. The contract price was USD 163 million. The amount in dispute was USD 84 million (FIDIC Yellow Book 1999);
    • the design, construction and operation of a chilled water plant. The contract price was USD 207 million. The amount in dispute was USD 10 million (FIDIC Gold Book 2008);
    • the design, construction, and operation of an automated waste collection system. The contract price was USD 34 million. The amount in dispute was USD 13 million (FIDIC Gold Book 2008).
  • Advising and assisting, more generally, the legal, project and delivery teams with contract drafting and negotiation, contract performance and interpretation, contract and claim management, drafting of contract amendments and settlement agreements.

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