Disputes are not unusual in the construction industry because of its adversarial nature and the tendency to argue. A combination of environmental and behavioural factors can lead to construction conflicts. Projects are usually long-term transactions with great uncertainty and complexity, and it is impossible to resolve all the details and predict any eventuality from the start. The basic factors that fuel the development of construction conflicts are uncertainty, contractual problems and behaviour. Construction contracts generally provide that disputes are dealt with through dispute resolution procedures agreed with mediation, adjudation and arbitration, or by a combination of all three. The construction sector is also subject to legal provisions requiring adedation procedures in the absence of contractual agreement (such as the Housing Grants, Construction and Regeneration Act 1996 and the Local Democracy, Economic Development and Construction Act 2009). Depending on the nature and complexity of the case, litigation is generally considered to be more costly and slower than other forms of dispute resolution, although this is not always the case and in some cases litigation may be quicker than arbitration. There is also the perception that litigation is rather adversarial and leads to an extreme decision, that is,. They are right or wrong rather than a fair settlement. This may or may not be in one of the parties` interests. In addition, decisions are public and cannot reflect the reputation of the parties.

Although alternative modes of dispute resolution are often seen as means of last resort or where the situation leads to circumstances in which an alternative dispute resolution is not linked (. B, for example, several parties to certain forms of contracts), or when a decision is to be enforced, litigation may remain necessary. An action based on a simple contract cannot be brought after six years from the date the action was originally commenced. The statute of limitations for a sealed contract is 12 years. For more information, see contracts under the v seal on hand. When the contract sets out dispute resolution procedures, the parties must follow this procedure, unless they agree otherwise. The procedure is opened by the fact that the applicant sends to the competent court an application form in which he sets out the proceedings against the defendant and the institution of appeal requested. This right is served on the defendant and can then authorize liability or partial liability, make proposals for a transaction or deny liability and serve as a defence.

The TCC Practice Directorate provides the following examples of claims that can be filed as CBT claims (this list is not exhaustive): even if legal proceedings are initiated, it is customary for the parties to obtain a transaction before the trial begins. The parties may be sanctioned by the Tribunal if they have not entered the talks properly prior to the legal action.

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