Project Board Member

Resolving Disputes Early: Kiltoom's Role on Project Board delivering Impartial Expert Support for Construction & Infrastructure Projects

Major construction and infrastructure projects in Ireland operate within a complex environment where disagreements over contract interpretation, variations, payments, or delays can unfortunately arise. If not managed effectively from the outset, these issues can quickly escalate into costly formal disputes. Recognising this, many modern construction contracts (PWC, NEC, RIAI, FIDIC, etc.) incorporate mechanisms for early dispute management – such as structured negotiations, formal review meetings, or dedicated project boards – designed to facilitate resolution before formal proceedings commence.

Effectively utilising these early stages saves significant time and cost, helps preserve vital working relationships, and keeps projects focused on delivery. Kiltoom Advisory provides specialist, independent expertise to enhance the effectiveness of these early construction dispute resolution processes in Ireland, bringing crucial impartiality and strategic insight.

The Importance of Early Dispute Management

Addressing disagreements proactively offers substantial benefits:

• Cost Savings: Avoids the significant legal, expert, and management costs of formal dispute resolution.

• Time Efficiency: Prevents disputes from festering and causing prolonged project disruption.

• Relationship Preservation: Facilitates collaborative problem-solving, maintaining positive working relationships.

• Project Focus: Allows teams to concentrate on delivery rather than conflict.

• Informed Decisions: Ensures parties understand the implications before positions harden.

These initial stages represent a critical opportunity that demands a strategic and objective approach.

The Crucial Role of the Third-Party Neutral

Early dispute discussions, whether in direct negotiations, review meetings, or formally constituted project boards, can often stall due to entrenched positions, differing contract interpretations, or communication breakdowns. This is where the input of an experienced third-party neutral becomes invaluable. An independent expert perspective can:

• Break Deadlocks: Offer objective analysis based purely on the contract terms and facts, cutting through positional bias.

• Enhance Understanding: Clearly explain complex contractual points to all parties, ensuring discussions are based on a shared understanding.

• Facilitate Communication: Guide discussions constructively, ensuring all parties are heard and fostering a solution-focused environment.

• Build Trust: Act as an impartial presence, increasing confidence in the fairness of the process.

Kiltoom Advisory provides this essential neutrality through tailored support:

• Objective Contractual Analysis: We deliver clear, unbiased assessments of disputed issues (e.g., instructions, valuations, delay events) based strictly on the specific contract conditions and facts, aiding understanding and negotiation.

• Expert Advisor to Parties: We provide impartial, contractually-grounded analysis and strategic advice to clients preparing for or participating in early dispute forums like negotiations, review meetings, or project boards (under PWC, NEC, etc.). This equips your team to argue effectively and fairly.

• Independent Facilitation (Subject to Mutual Agreement): Where all involved parties agree, Kiltoom can act as a neutral, non-voting facilitator for early dispute resolution meetings, including potentially project boards. Our role is to guide discussions impartially, ensure procedural fairness, and help parties collaboratively reach their own resolution.

Kiltoom Advisory's Expertise

Led by Principal Traoloch Collins (LLB), Kiltoom Advisory possesses deep expertise across Irish and UK construction contracts (PWC, NEC, FIDIC, RIAI, bespoke) and dispute scenarios. Our experience advising both Employers and Contractors provides a balanced perspective essential for delivering effective, neutral-minded support during sensitive early dispute stages. We focus on pragmatic, commercially viable solutions grounded in the contract.

Conclusion: Enhancing Early Resolution Across All Projects

Leveraging independent, neutral expertise significantly enhances the effectiveness of any early dispute management process, whether informal negotiation or structured forums like project boards. Kiltoom Advisory's impartial guidance ensures discussions are productive, contractually sound, and solution-oriented, increasing the likelihood of early resolution and saving significant resources.

--> Facing potential or emerging disputes? Contact Kiltoom Advisory today to discuss how our expert, impartial support can facilitate early and effective resolution on your project.