Main author
Michael BrooksAvoiding and resolving disputes - review
‘Avoiding and resolving disputes: A short guide for architects’
Bart Kavanagh
Published by RIBA Publishing (May 2017)
In 2013, an NBS survey, the National Construction Contracts and Law Survey, found that 30% of firms had been involved in at least one dispute in the previous 12 months. As a consequence, there is enormous interest in construction disputes but this tends to focus on dispute resolution techniques rather than how to avoid them.
Bart Kavanagh, a chartered architect and non-practising barrister with more than 35 years in the industry, has written an excellent new pocketbook that will serve as a worthwhile primer for architecture students as well as a refresher for professionals.
The book provides a straightforward and easy-to-read guide to the essentials of construction disputes, which can often be ‘foreign territory’ for architects. It tackles the risks that practitioners may face, steps that can be taken to minimise them, and what to do when such risks develop into a dispute.
The book covers the typical reasons for disputes that tend to arise between parties on a project, and highlights some tips for avoiding them in the first place. Issues can often be informally negotiated as they arise, as the book explains, but sometimes this will be insufficient and full-blown disputes need to be handled more formally.
Throughout, the author arranges the topics in an accessible way with helpful checklists and important cases to remember. The most common alternative dispute resolution (ADR) options are described, from mediation to adjudication to litigation.
This succinct, no-nonsense guide will come in handy for architects of all levels of experience, as well as other professionals such as contractors or quantity surveyors who feel like familiarising themselves with the core concepts and processes.
To purchase the book, see RIBA Bookshops.
[edit] Find out more
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Future Homes Standard Essentials launched
Future Homes Hub launches new campaign to help the homebuilding sector prepare for the implementation of new building standards.
Building Safety recap February, 2026
Our regular run-down of key building safety related events of the month.
Planning reform: draft NPPF and industry responses.
Last chance to comment on proposed changes to the NPPF.
A Regency palace of colour and sensation. Book review.
Delayed, derailed and devalued
How the UK’s planning crisis is undermining British manufacturing.
How much does it cost to build a house?
A brief run down of key considerations from a London based practice.
The need for a National construction careers campaign
Highlighted by CIOB to cut unemployment, reduce skills gap and deliver on housing and infrastructure ambitions.
AI-Driven automation; reducing time, enhancing compliance
Sustainability; not just compliance but rethinking design, material selection, and the supply chains to support them.
Climate Resilience and Adaptation In the Built Environment
New CIOB Technical Information Sheet by Colin Booth, Professor of Smart and Sustainable Infrastructure.
Turning Enquiries into Profitable Construction Projects
Founder of Develop Coaching and author of Building Your Future; Greg Wilkes shares his insights.
IHBC Signpost: Poetry from concrete
Scotland’s fascinating historic concrete and brutalist architecture with the Engine Shed.
Demonstrating that apprenticeships work for business, people and Scotland’s economy.
Scottish parents prioritise construction and apprenticeships
CIOB data released for Scottish Apprenticeship Week shows construction as top potential career path.
From a Green to a White Paper and the proposal of a General Safety Requirement for construction products.
Creativity, conservation and craft at Barley Studio. Book review.
The challenge as PFI agreements come to an end
How construction deals with inherited assets built under long-term contracts.
Skills plan for engineering and building services
Comprehensive industry report highlights persistent skills challenges across the sector.
Choosing the right design team for a D&B Contract
An architect explains the nature and needs of working within this common procurement route.
Statement from the Interim Chief Construction Advisor
Thouria Istephan; Architect and inquiry panel member outlines ongoing work, priorities and next steps.