Management of Construction Contracts

Malini Ganesh, Advocate and Legal Consultant for Construction and Infrastructure Projects

Construction Disputes

Construction disputes are becoming more complex with the influx of global participation, ever growing forms of contracts etc creating an acute need for efficient management of contracts. Problems and disputes often become multijurisdictional in nature. Increased litigation, long pendency of disputes and enormous cost of litigation and conflict of laws pose a real threat to the people involved in such construction activities. This has created an awareness amongst people to work out the means of reducing the level of disputes and if possible to avoid disputes totally. The focus is now shifting from the dispute resolution to dispute avoidance.

The thrust that is developing on the avoidance of litigation, thus, requires special attention not only to the working of the project but also to certain basic factors underlying the very formation of the contract.

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