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CONFLICT AVOIDANCE PROCESS FOCUS


By Len Bunton FRICS FCIArb, HON FRIAS


Contract Expert I


n some of my previous articles you’ll have seen several references to the Confl ict Avoidance Process – or CAP for short – which I believe is a tremendous benefi t to the construction sector. You may also have seen that more and more people are getting involved and signing the Confl ict Avoidance Pledge to show their support, so I thought I’d answer some of the most common questions I get asked about it.


Why should my business get involved? Easy – CAP is an early intervention process that comes into play when problems on a construction project arise and you can’t fi nd a solution. For example, say there’s an issue and an employer is arguing with the contractor that something they have to do is ‘design development’ and the contractor is not entitled to a variation, which might involve you as a sub-contractor. You need to get that resolved and you can refer the matter to a Confl ict Avoidance Panel.


So how does it work? Firstly, the employer and the contractor need to have agreed to have the CAP in the main contract, and you would also want that provision in your sub-contract. If an issue arises, the parties can either have a CAP named in the contract or they can get a list of


44 CABLEtalk APRIL/MAY 2021


Take the problem solving pledge


T e Confl ict Avoidance Process is being adopted by an increasing number of bodies, but what is it exactly? And how could it benefi t your business and save you time, hassle and money? Len has all the answers…


experienced professionals from the Royal Institution of Chartered Surveyors (RICS). This could be an architect, quantity surveyor or services engineer. Both sides identify the issue and call in the Confl ict Avoidance Panel for a discussion, and the panel in due course issues a non-binding


recommendation on resolving the issue. Anecdotally, most recommendations have been accepted, the parties get agreement, the matter is resolved and you can move on. This stops all the bickering you get on projects these days.


So, what do you need to do?


First you need to go to the RICS website at www.rics.org/uk and sign up to the Confl ict Avoidance Pledge – it’s free and only takes a few minutes. RICS will then


send you some further information on the process. If you’re about to sign a contract, then suggest to the other party that you’d like to have this process in


WATCH NOW


Len has made an exclusive video for SELECT Members that explains the many benefi ts of CAP. Watch it now atbit.ly/STV-CAP


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