The ABC Group, a developer, is into the business of developing shopping centres and retail parks throughout the UK and other parts of Europe. Due to the nature of clients the company deals with, sustainability is a key requirement for all the company’s projects. The company has acquired land/premises at different locations within the West Midlands and wishes to undertake work on three different projects. This involves undertaking both new building works and some refurbishment works to existing premises they have acquired. Some of the works required are as follows:
a) ABC has acquired a piece of land and is currently building a retail Park in Wolverhampton;
b) ABC has acquired an existing property in Perry Bar which is suitable for building a shopping centre; and
c) ABC intends to build a leisure centre in Coventry where the company has acquired some land with existing property
Vardy who works for ABC, has been given the responsibility of managing these projects.
- Why are alternative forms of dispute resolution (ADRs) preferable to litigation for settling construction disputes? Discuss three forms of ADRs and give examples of when they can be adopted by ABC for settling disputes that may arise during the execution of their projects. (100 Marks)
- Frank has shown interest in renting a space for his bridal shop in Perry Bar. For this reason, Vardy invites Frank to the site for the shopping centre at Perry Bar to view some completed sections. After visiting the designated sections, Frank decided to walk to other areas of the site and falls during the process leaving him with a sprained knee. This accident caused him to miss his daughter’s wedding which was the next day. Frank wants to sue the ABC group for missing his daughter’s wedding due to this accident. Advise both Frank and Vardy. (100 Marks)