Resolving Construction Disputes in the Caribbean
The management of construction projects is by no means an easy task, particularly given their susceptibility to a variety of factors, many of which are outside of the control of the parties. For this reason, there is a higher probability of disputes in the industry which often lead to project delay and additional expense.
Recognizing the impact of disputes, most construction standard forms of contract make provision for dispute resolution using a variety of dispute processes in escalation clauses. These clauses require the parties to try more conciliatory forms of dispute resolution before proceeding to more binding forms like adjudication or arbitration.
In this webinar, hosted by the British Virgin Islands International Arbitration Centre (BVI-IAC), CADRIn co-founder Shan Greer and Christopher Graham, Director of BCQS International, look at the non-binding and binding forms of dispute resolution frequently adopted in construction contracts and consider how parties can use them effectively to manage the types of disputes frequently arising in the Caribbean. Using practical examples, the discussion focuses on specific disputes relating to payment and delay to determine the practical steps parties can take to protect their interests as they move through the various dispute resolution processes.
As a Director of BCQS International in BVI, Chris brings twenty years of experience in the provision of Project and Cost Management, Expert Witness, Dispute Resolution, Quantity Surveying, and Valuation services to a wide range of public and private sector clients, fifteen years within the Caribbean Region. His experience covers a wide range of projects from iconic skyscrapers, private island developments, resort hotels, state of the art schools, to boutique office refurbishments and high-end residential homes. Chris holds a BSc in Economics & Quantity Surveying, an MBA with Distinction, is a Fellow of the Royal Institution of Chartered Surveyors, an Associate of the Chartered Institute of Arbitrators and is an RICS Registered Valuer.
Shan M. Greer
CADRIn co-Founder, Shan M. Greer is a Caribbean arbitrator, mediator and Partner at Spencer West, London. For almost 20 years, Shan has dealt with a wide range of disputes in banking and finance, construction and infrastructure, energy, telecommunications, oil and gas sectors in capacity as counsel, meditator and arbitrator. Shan Greer has also been regularly appointed in ad hoc international and domestic arbitrations governed by the laws of civil and common law jurisdictions under various arbitration rules including the ICC and UNCITRAL Rules.