Introduction

Due to the long-term nature of construction projects, there is much difficulty and
uncertainty within the lifetime of the project. As such, there are unforeseen hurdles which
will manifests as disputes. These disputes hinder the project from being completed smoothly
and need to be resolved as soon as possible. Common disputes include: miscommunication
which leads to more expensive or difficult tasks, completed work not done as specified,
delays and additional costs incurred, errors in design and conflict of interests between
members of the project team (Cool, S 2016).
Critical Analysis
Traditionally, such disputes tend to be dismissed until the project nears completion, in
which case, it becomes a pain to solve and requires much time and effort in litigation battles.
As such, quantity surveyors can actually play a major role in minimizing and resolving such
complications.
- Dispute prevention starts from the beginning of the project right till the end (Isa et al.,
2010)
Inception stage – Surveyors should perform feasibility studies and proper identification of
risks
Briefing stage – Make sure design brief meets client’s expectations
Design stage – Ensure proper detail and relevant information is stated clearly
Cost planning stage – Determine budget, enhance value and eliminate wastes
Tender stage – Contracts should be of the correct standard and should be realistic
Contract administration stage – Have a proper management plan with contingencies for
changes and variations
Handover stage – Check defects and ensure quality standard is met (Isa et al., 2010)

- ADR Method: Some disputes will inevitably arise as control measures are limited, as
such, an alternative dispute resolution can be employed to resolve the conflict without a
litigation solution.
Negotiation – Both parties come to a compromise, is easy and efficient, though it is non-
binding and trust in both parties plays a key role.
Mediation – A middleman will give recommendations based on a non-biased conclusion after
listening to both parties. This method is also non-binding and there is no guarantee of a
settlement.
Conciliation – Similar to mediation but is an informal method, middleman is less aggressive
in the process and plays an advisory role and lets the parties come to an agreement by
themselves.
Arbitration – Formal method including a contract to a third party (arbitrator), enforceable
under some courts, more expensive legally binding and usually both parties enter
involuntarily.
Adjudication – Similar to arbitration but faster, also third party (adjudicator) has more power
and can create binding decisions (Cool, 2016).

Synopsis
ADR is not a go-to solution for all types of disputes, it is often shown to be more
effective in handling disputes arising from personal conflicts. For more serious cases, where
one party faces violence or intimidation, it is advised that the party to use litigation as ADR
may not be binding enough to ensure their rights are not infringed. Also, some from of ADRs
are non-binding and require complete faith and willingness of both parties to resolve the
conflict, otherwise it wouldn’t work (Snook, 2019).
Most disputes stem from a failure to act, an incorrect action, and miscommunication
as shown by Ball 1994. These should be the key areas that a quantity surveyor should
develop preventive measures for. These will likely occur during the middle of the project, so
a comprehensive project plan should be in effect at all times. Being able to monitor the
progress and every action taken is also a must to identify disputes early. This can be
accomplished by having construction software specially designed to keep track of the
construction progress. A quantity surveyor also needs to establish good communication will
all parties within a project team so that disagreements can be ratted out early and dealt with
(Koutsogiannis, 2017).
Conclusion
A quantity surveyor must be well-versed in the legalities and solutions available to
solve disputes and also when to use them. Alternative dispute resolutions provide quantity
surveyors with the tools to quickly rectify any problems within the project to minimize the
cost overruns and delays that may happen if conflicts aren’t resolved in time. So, it is clear
that quantity surveyors do indeed play a lead role in not just resolving disputes, but
minimizing it as well (Cool, 2016).
References
Cool, S. (2016). Quantity surveying practice. [online] Slideshare.net. Available at:
https://www.slideshare.net/SasiCool/quantity-surveying-practise [Accessed 5 Oct. 2019].
Isa, H., Hassan, F., Ishak, M. and Nor, O. (2010). Conception of Disputes Amongst
Malaysian Quantity Surveyors. [online] Irbnet.de. Available at:
http://www.irbnet.de/daten/iconda/CIB16600.pdf [Accessed 5 Oct. 2019].
Koutsogiannis, A. (2017). Construction Disputes: What You Need to Know - GenieBelt.
[online] GenieBelt. Available at: https://geniebelt.com/blog/construction-disputes [Accessed
5 Oct. 2019].
Snook, A. (2019). ADR in the Workplace: When to Use it and Why | i-Sight. [online] i-Sight.
Available at: https://i-sight.com/resources/adr-in-the-workplace-when-to-use-it-and-why/
[Accessed 5 Oct. 2019].