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Dispute Resolution Mechanisms Analytical Essay


Introduction

Professional practices require guidelines that ensure people work in a healthy environment and interact without conflicts. Work policies are not adequate to guarantee employees’ safety and assure them of proportional compensation when they are injured or their property destroyed. There is the need to ensure employees work in unity and assist each other to ensure the goals of their organisations are achieved.

Organisations cannot achieve their objectives if there are unresolved conflicts between workers and management (Henshaw 2012). Therefore, there is the need for the establishment of dispute resolution mechanisms to ensure all conflicts are solved as soon as they occur. In addition, this ensures disputes are solved in appropriate ways without violating the rights of workers or other parties involved. This paper analyses how the dispute resolution mechanism of NZS3910: 2013 Conditions of Service.

Preservation of Relationships

The article explains various ways of ensuring there is a healthy relationship between contractors and engineers. These two parties play important roles in ensuring projects are completed within the specified time and that they are of the desired quality. The article highlights the need for effective communication between the contractors and engineers to ensure the following issues are addressed.

First, there is the need to ensure contractors are in total control of their projects and thus that can predict the outcome of construction processes (Salacuse 2014). Therefore, the article gives the contractor the power to communicate in writing to the engineers and inform him of any proposed changes that will ensure adverse impacts of various situations are minimised or eliminated.

This means that they are in charge of monitoring the progress of their projects and inform engineers about any unexpected situations that may affect the quality of their work. The effect may lead to poor quality work or delayed completion of projects.

In addition, it advocates for meetings between contractors and engineers to ensure they have adequate time to discuss issues that may affect the quality of projects. These meetings may be planned by either of them to ensure they present their views on ways of reducing costs of managing the effects of the external environment that may affect the quality or duration of a project (Henshaw 2012).

These meetings should be held immediately the concerned parties notice that there are issues that must be addressed. It is necessary to explain that projects are very delicate and thus there is the need for contractors and engineers to pay attention to their proceedings. This will ensure all situations are monitored and appropriate changes made as soon as they are noticed.

Moreover, the contract allows the engineer to request his contractor to make changes to a project to ensure the quality of their work is not compromised. Engineers are supposed to make recommendations and specify the time within which corrections are supposed to be done (Otis 2009).

For instance, if an engineer suspects the quality of material or design is inappropriate in a given area, he has the right to request the contractor to make changes within specified period that should not exceed five days unless under extreme conditions. These provisions promote healthy relationships between contractors and engineers and ensure their projects are completed within specified time. In addition, they help in eliminating misunderstanding between these parties and ensure there is adequate dialogue whenever conflicts arise.

Protection of Privacy

The contract highlights the need for the contractor, engineer and other stakeholders to provide the necessary information required to ensure a project succeeds. This means that withholding useful information from other parties is an offence that may attract prosecution and termination of contract (Salacuse 2014). Therefore, all parties are supposed to evaluate the role and importance of their information to the success of their projects.

However, there are some issues that are not bound by this provision. This means that the parties have the right to keep or share some information depending on their assessment of their appropriateness in the success of a project (Sears 2010). First, the contractor or engineer has no right of using the personal information of another party for reasons other than the ones it was requested for. This means that the personal information provided during a contract period is used within a specified time and not after the completion of a project.

In addition, the state will collect personal information from an individual when it is necessary to do so and if the intention is within the scope of a project and its contract. Individuals have a right to have their personal information kept in secret and disclosed after they are consulted and agree on the issue (Adrian 2014). All information stored in state offices should be protected from unauthorised access and disposed according the appropriate procedures.

Flexibility of Proceedings

The clause advocates for timely communication between contractors and engineers about any changes if there are fears that any of the following is bound to happen. First, sometimes the contract price may be altered because of changes in prices of the materials used. The contractor is supposed to notify the engineer in writing and inform him about the changes and how they impact the cost of their construction (Otis 2009).

In addition, all projects usually have scheduled periods within which they must be completed. However, some issues may arise and make contractors unable to complete their projects within the stipulated time. Therefore, they are supposed to communicate with engineers to ensure they understand this situation and make arrangements to accommodate the delays. This ensures disputes between engineers and contractors are minimised.

In addition, all parties involved in a contract have a statutory duty of ensuring they reduce the impacts of unexpected events (Sears 2010). All stakeholders are supposed to request for a meeting to discuss proposals that will avoid or reduce the impacts of unexpected situations. Advance notices are usually given to all stakeholders to ensure the value of any variation arising from the matter is not affected.

Moreover, engineers are supposed to inform contractors if they discover any defects in a project. In addition, a five day period is allowed to remedy the situation. This allows the contractor adequate time to make appropriate changes and inform the engineers if they can manage the situation (Otis 2009). This is a reasonable way of assessing the suitability of a contractor to manage complicated tasks and if he proves to be unsuitable the engineer may hire another person to do the job.

This will not affect the project or performance of the first contractor because he will have understood the situation. These provisions are based on the fact that there are unavoidable circumstances that may cause conflicts between contractors and engineers. Therefore, the project should be flexible to ensure the effects of unexpected events are accommodated without compromising the quality of a contractor’s work.

Conclusion

It is necessary to establish a healthy relationship between a contractor and engineer to ensure projects are completed within their stipulated time and are of high quality.

The privacy of the contractor or engineers’ information is important in safeguarding their rights and ensuring they work in healthy environments. Projects must be designed in ways that accommodate unexpected changes; therefore, they must be flexible to ensure they enable contractors and engineers to make changes that are aimed at improving the quality of constructions.

References

Adrian, J 2014, Construction Productivity: Measurement and Improvement, Stripes Publishers, New York.

Henshaw, J 2012, A Guide to Scaffold Use in the Construction Industry: OSHA 3150 2002, CreateSpace Independent Publishing, New York.

Otis, L 2009, Construction Dispute Resolution: Leading Lawyers on Understanding the Benefits of ADR, Educating the Client, and Navigating the Effects of the Economic Downturn, Thomson West, Minnesota.

Salacuse, J 2014, The Three Laws of International Investment: National, Contractual, and International Frameworks for Foreign Capital, Oxford University Press, Oxford.

Sears, K 2010, Construction Contracting: A Practical Guide to Company Management, Wiley, New York.

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IvyPanda. "Dispute Resolution Mechanisms." December 21, 2019. https://ivypanda.com/essays/dispute-resolution-mechanisms/.

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IvyPanda. 2019. "Dispute Resolution Mechanisms." December 21, 2019. https://ivypanda.com/essays/dispute-resolution-mechanisms/.

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IvyPanda. (2019) 'Dispute Resolution Mechanisms'. 21 December.

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