Assignment Task
Scenario
You are a Project Manager employed by Anywhere Borough Council (the Client) to project manage the delivery of a new leisure centre located in Ballyhermit, Northern Ireland (“the Project”). The main contractor is Kingsmount Construction Limited (“the Contractor”). An NEC4 Engineering and Construction Contract Option A is in place between the Client and the Contractor. Relevant extracts from the contract are appended to this document.
On 25 January 2022, you received a letter from the Contractor’s lawyers. The letter gives particulars of a dispute which has formed between the Contractor and the Client with respect to adverse physical conditions on the site in which the Project is being constructed. A copy of the letter is appended to this document.
The Employer has asked you to provide a report on what options are available to it in terms of dispute resolution. In your report, you should detail the following:
- An overview of the situation;
- Has a dispute crystalised? If so, why?
- Dispute resolutions options available to the Employer, including:
- Negotiation
- Mediation
- Adjudication
- Arbitration
- Litigation
- With respect to each dispute resolution option, give the Employer has asked for an overview of what each option will require if it, what the pros/cons are of each option and a brief description of the procedure associated with each option.
- A concluding recommendation on what strategy should be adopted by the Employer (hint – this might include using several dispute resolution options).