Covid-19 Alternative Dispute Avoidance & Resolution
Project development, Design, Build & Maintenance (DBM) and other construction sites will suffer in various ways from the Corona crisis. The sector expects lengthy legal proceedings about: yes then no force majeure or unforeseen circumstances, the influence of the new protective measures from the government, the right to extension of the time for completion and/or financial compensation, good faith, etc. Such discussions do not reflect well on relationships on the construction site and unnecessarily paralyze the treasury and financial planning of parties.
We note that too many and endless disputes can be avoided by resorting to alternative procedures such as:
- Mediation
- Expert investigation
- Adjudication
- Binding third-party decision
- Contract renegotiation
In order for these alternatives to succeed in building projects, intervention of experts is required with a special profile:
- Experienced in project execution;
- Well acquainted with the implementation of rules governing public or private (sub) contracts;
- Experienced in the analysis of schedules (float, etc.) and claims (% overhead, general costs & profit, etc.)
- Quickly available and deployable;
- Proactive; and
- Sufficiently independent of contractors and/or clients.
The subgroup “Engineer-Experts” of ie-net Society of Engineers is currently compiling a list of persons who meet this profile (whether or not certified mediators, dispute prevention specialists, adjudicators and the like). Initially, these are members of ie-net and persons from the associated networks. These persons make themselves available to sift the file, submitted by clients and/or contractors, at short notice. Then, if necessary after requesting additional documentation and clarifications, as well as through consultation and possibly hearings, they will attempt to mediate or, if desired, make a (binding) decision.
Contractors, builders, etc. who want to call on an expert, please contact us via the email address mentioned below. They briefly indicate:
- what result they want (for example, an interim decision that the parties will respect until there is a court decision); and,
- which is the ideal profile of the expert (technician, knowledge of Primavera, etc.).
We will then send the applicant a few CVs of potentially suitable persons as soon as possible. Subsequently the applicant can contact the person of his choice and make the necessary arrangements regarding independence, conflicts of interest, procedure, confidentiality, fees, insurance, etc.
Candidates for inclusion on the list can also refer to the address below (please CV and short motivation with reference to the profile requirements).
Email: deelgroepdeskundigen@ie-net.be
Ie-net is not an arbitration institute nor certified mediator. The Society of Engineers only wants to contribute to short-term prevention and resolution of corona disputes in the cluster of project development, design and implementation during difficult times. We provide the service described above (introduction to suitable profiles) free of charge. Applicants bear the risk of suitability of the individuals with whom they effectively partner for an alternative dispute resolution procedure. Likewise, the parties bear the risk that if the hoped-for result is not achieved, there are side effects, etc. Ie-net declines all liability in this respect.