Dispute Resolution vis-a vis Project Governance

Malini Ganesh, Advocate and Legal Consultant for Resolution of Construction and Engineering Disputes, Chennai

Introduction

Project governance holds the key for many issues that arise in the construction field. Primarily, the delay that is caused to the project completion and the cost overrun has always been the concern of project participants and if it is a project of National importance, even the public interest is put at stake. The dispute resolution mechanism has also contributed for the further delays affecting the economics of the projects. The laws providing for dispute resolution alone cannot ease the situation and the focus should be directed to structuring of the contract documents and efficient administration of the contract.

We are witnessing a phenomenal growth in the engineering and construction projects. Hence more focus is generated towards structuring and managing the Contracts which form the foundation of the projects. The standardisation of both technical and administrative matters has assumed greater relevance. The participants of the projects are keen to adopt a standard form of contract so that their contractual obligations are clearly delineated.