| James Kon |
STAKEHOLDERS in the local construction industry gained insight on the many approaches to settling disputes in a talk titled ‘Dispute Resolution in the Construction Industry’ at the Indera Pahlawan Hall, Training Centre under the Ministry of Development.
The talk organised by PUJA (B) Academy Sdn Bhd in collaboration between Institution of Surveyors, Engineers and Architects (PUJA) and QS Division of Royal Institution of Surveyors Malaysia (RISM).
Sr Dr Mohd Suhaimi bin Mohd Danuri from Malaysia, was invited to deliver the talk.
PUJA Academy Sdn Bhd is a private professional service business that was founded by PUJA (B) in order to better serve the membership of PUJA.
Among those that attended the talk were Haji Zulkipli bin Haji Abdul Hamid, an immediate past President of PUJA (Brunei) as well as other members of PUJA.
Sr Dr Mohd Suhaimi Bin Mohd Danuri delivering the talk. – DEAN KASSIM
In the first session of the talk, Sr Dr Mohd Suhaimi touched on an overview of dispute resolution procedures in the construction industry where he also highlighted the root causes of dispute and general discussions on the common dispute resolution procedures available in the industry especially in Malaysia.
The main causes of dispute are inaccurate design information, inadequate contract document, external events, time/cost/ quality, lack of professionalism, unrealistic tender pricing and internal disputes.
On how to reduce or settle disputes, he said, “In preventive (measures), there are efficient risk management, partnership and dispute avoidance mechanism while in corrective approaches there are Litigation (legal action), Arbitration or Alternative Dispute Resolution (ADR).”
For dispute resolution methods, he cited a number of approaches such as mediation, negotiation, arbitration, liti-gation, adjudication, conciliation, neutral evaluation and expert determination.
The speaker from Malaysia also touched on the characteristics and elements of arbitration and highlighted the reasons why the parties in disputes may prefer arbitration rather than litigation.
In addition, Sr Dr Mohd Suhaimi continued to talk about mediation as one of the ADR mechanisms and the reasons why parties in dispute refer to mediation.
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