What Constitutes World's Best Practice for Dispute Avoidance in Standard Form Contracts?

16 Pages Posted: 20 Jun 2013 Last revised: 20 Aug 2013

See all articles by Thomas Denehy

Thomas Denehy

Monash University Law School

Paula Gerber

Monash University - Faculty of Law

Date Written: 2012

Abstract

This article provides a timely comparative study of dispute avoidance procedures (DAPs) in use around the world to determine what constitutes world’s best practice when it comes to the prevention and management of construction disputes. Notwithstanding the increased use of DAPs in other jurisdictions, and the documented success of these processes, the Australian construction industry has yet to embrace DAPs in any standard form contract. This article examines the use of DAPs at the international level in order to identify the most effective contractual provisions for dispute avoidance, and concludes with some recommendations as to how the Australian construction industry should move forward.

Keywords: construction law, construction contract, dispute avoidance, DAPs

JEL Classification: K39

Suggested Citation

Denehy, Thomas and Gerber, Paula, What Constitutes World's Best Practice for Dispute Avoidance in Standard Form Contracts? (2012). (2012) 28 Building and Construction Law 266; Monash University Faculty of Law Legal Studies Research Paper No. 2013/11. Available at SSRN: https://ssrn.com/abstract=2281836

Thomas Denehy

Monash University Law School ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Paula Gerber (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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