Main author
Michael BrooksAvoiding and resolving disputes - review
‘Avoiding and resolving disputes: A short guide for architects’
Bart Kavanagh
Published by RIBA Publishing (May 2017)
In 2013, an NBS survey, the National Construction Contracts and Law Survey, found that 30% of firms had been involved in at least one dispute in the previous 12 months. As a consequence, there is enormous interest in construction disputes but this tends to focus on dispute resolution techniques rather than how to avoid them.
Bart Kavanagh, a chartered architect and non-practising barrister with more than 35 years in the industry, has written an excellent new pocketbook that will serve as a worthwhile primer for architecture students as well as a refresher for professionals.
The book provides a straightforward and easy-to-read guide to the essentials of construction disputes, which can often be ‘foreign territory’ for architects. It tackles the risks that practitioners may face, steps that can be taken to minimise them, and what to do when such risks develop into a dispute.
The book covers the typical reasons for disputes that tend to arise between parties on a project, and highlights some tips for avoiding them in the first place. Issues can often be informally negotiated as they arise, as the book explains, but sometimes this will be insufficient and full-blown disputes need to be handled more formally.
Throughout, the author arranges the topics in an accessible way with helpful checklists and important cases to remember. The most common alternative dispute resolution (ADR) options are described, from mediation to adjudication to litigation.
This succinct, no-nonsense guide will come in handy for architects of all levels of experience, as well as other professionals such as contractors or quantity surveyors who feel like familiarising themselves with the core concepts and processes.
To purchase the book, see RIBA Bookshops.
[edit] Find out more
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
A threat to the creativity that makes London special.
How can digital twins boost profitability within construction?
A brief description of a smart construction dashboard, collecting as-built data, as a s site changes forming an accurate digital twin.
Unlocking surplus public defence land and more to speed up the delivery of housing.
The Planning and Infrastructure bill oulined
With reactions from IHBC and others on its potential impacts.
Farnborough College Unveils its Half-house for Sustainable Construction Training.
Spring Statement 2025 with reactions from industry
Confirming previously announced funding, and welfare changes amid adjusted growth forecast.
Scottish Government responds to Grenfell report
As fund for unsafe cladding assessments is launched.
CLC and BSR process map for HRB approvals
One of the initial outputs of their weekly BSR meetings.
Architects Academy at an insulation manufacturing facility
Programme of technical engagement for aspiring designers.
Building Safety Levy technical consultation response
Details of the planned levy now due in 2026.
Great British Energy install solar on school and NHS sites
200 schools and 200 NHS sites to get solar systems, as first project of the newly formed government initiative.
600 million for 60,000 more skilled construction workers
Announced by Treasury ahead of the Spring Statement.
The restoration of the novelist’s birthplace in Eastwood.
Life Critical Fire Safety External Wall System LCFS EWS
Breaking down what is meant by this now often used term.
PAC report on the Remediation of Dangerous Cladding
Recommendations on workforce, transparency, support, insurance, funding, fraud and mismanagement.
New towns, expanded settlements and housing delivery
Modular inquiry asks if new towns and expanded settlements are an effective means of delivering housing.