Construction and engineering disputes arise from a multi-layered tangle of issues of fact that reflect the myriad challenges of getting a complex project built. This very welcome book by an internationally renowned practitioner in the field shows that resolving such disputes lies in managing and mastering this factual complexity with suitable rigour. Drawing on a rich career-long experience supported by comparative analysis of case law and institutional guidance, the author offers insights directly gained from work in a broad range of jurisdictions. He expertly identifies and frames issues that genuinely determine outcomes, reducing distraction and inefficiency, in disputes arising in various contexts, including the following: the tender process; non-payment; unforeseeable events and circumstances; programming issues related to delayed works; disruption and productivity losses; and defective work or materials. Numerous visual aids and practical illustrations are provided, along with adaptable templates and procedural models designed for use throughout an arbitration. These address cost and complexity through proportionate, structured approaches to managing arbitration procedure and maintaining equality and procedural fairness. With its clear taxonomy of factual, legal, and expert issues as the foundation of sound arbitral decision-making, this book helps practitioners to focus on the true points in dispute, in the process embracing innovation, suitably robust case management, and cost control. It is a veritable goldmine of practical guidance for arbitrators, counsel, expert witnesses, and the business users of arbitral services worldwide, and indeed for anyone interested in mitigating the escalating costs and procedural challenges besetting commercial arbitral practice today.
