Surveyors proffer solutions to construction disputes

The implementation of Nigeria’s infrastructural development master plan and other agenda for rapid infrastructure transformation of Nigeria has led to major boom in economic activities in the building and construction sector. With the upsurge in construction activities, the management of relationships between various contracting parties to construction projects becomes increasingly problematic. Generally, the major parties […]

The implementation of Nigeria’s infrastructural development master plan and other agenda for rapid infrastructure transformation of Nigeria has led to major boom in economic activities in the building and construction sector. With the upsurge in construction activities, the management of relationships between various contracting parties to construction projects becomes increasingly problematic. Generally, the major parties to construction contracts are the employer and the contractor. Although other parties such as sub-contractors and suppliers, statutory authorities and consultants sometimes come into the matrix.
Speaking while presenting a paper at the Quantity Surveyors Registration Board Of Nigeria (QSRBN ) 5th Building & Construction Economic Round Table (BCERT 5) in Abuja,  President of  QSRBN Mallam Husaini A. Dikko  said that disputes are regular features of construction contracts which parties concerned should resolve amicably.
“Some disputes just happen, some can be anticipated but in most cases, disputes just happen. However, it should be expected that disputes whenever they arise should be amicably resolved between the parties so that the project which is the subject of their contractual relationship proceeds expeditiously and do not run into stormy waters. For disputes to be amicably resolved between parties both parties must come out clear and clean and be honest with each other. There should no underhand dealing or any intention to cheat on the part of one or both parties,” said Dikko.
He noted that disputes and disagreements are common features of all human relationships, saying their occurrences in construction contracts are therefore not out of place.
“What matters is that they are resolved. Often disputes are resolved by parties without third party interventions. With increasing complexities of most construction projects, the sophistication of most construction clients and the exactness of their requirements, third parties are increasingly becoming common features of our dispute resolution relationships in the building and construction sector.”
Dikko said that the major means of resolving disputes is through litigation in which judges rule on the subject matter of the dispute after hearing from both parties but was quick to point out that litigation is not always the best option because it is expensive and a times drags on for years resulting in delayed contract completion or execution as the case may be.
“However, a disturbing trend is fast emerging whereby parties who sign up for arbitration at inception of contract use all kinds of intrigues and subterfuge to frustrate arbitration whenever disputes arise. Whenever there is an arbitration provision in construction contract, the process must be exhausted before any party can opt for Litigation. Therefore submission to Arbitration is a condition precedent to Litigation. But parties often try to frustrate arbitration using all forms of technicalities. This should be frowned at. Whilst it is possible to obtain favourable judgment in the Courts based on technicalities, it is almost impossible to obtain favourable Awards in Arbitration based on technicalities. In Arbitration, matters are treated on their merit and facts are sacrosanct in arbitration. These realities account in part to the increasing popularity which arbitration enjoys today in the construction industry.
To maintain international competitiveness, professionals must strive to remain on the cutting-edge and continually increase their store of knowledge. It is for this reason that the Quantity Surveyors Registration Board of Nigeria insists that a registered quantity surveyor must attend at least one Mandatory Continuing Professional Development (MCPD) event every year in other to qualify for renewal of his annual practice licence.”