Conflict Avoidance and Property, Construction & Engineering Claims
Combining proactive conflict management with expert claim handling for seamless, efficient outcomes.
Proactive Conflict Avoidance
Construction and engineering projects are complex and high-pressure environments. Even with careful planning and strong relationships, problems can surface—payment delays, design disagreements, programme changes, or defects.
Our Conflict Avoidance services are designed to defuse these issues early, saving time, cost, and relationships.
We help you by:
- Early Issue Identification – health checks and contract reviews to spot risks before they escalate.
- Facilitated Discussions – neutral support that rebuilds trust and encourages constructive dialogue.
- Independent Expert Input – technical clarity that resolves misunderstandings quickly.
- Conflict Avoidance Panels (CAP) – impartial, structured recommendations that deliver innovative, non-binding solutions, often adopted by all parties to move forward smoothly.
The benefits:
- Preventing formal disputes
- Preserving commercial relationships
- Reducing disruption and cost
- Protecting your reputation
What is a Conflict Avoidance Panel (CAP)?
A Conflict Avoidance Panel (CAP) is a neutral, expert-led process that helps parties resolve issues early—before they escalate into disputes.
Originally initiated by the RICS, CAP is now an independent, industry-backed initiative supported by NEC, ICE, and other key organisations.
How CAP works:
- An independent expert or panel (one or three people) is appointed.
- The panel reviews the facts, evidence, and issues collaboratively, not adversarially.
- A reasoned report sets out practical recommendations to resolve the matter.
- Recommendations are non-binding, but in most cases, parties adopt them—saving time, cost, and relationships.
Why CAP is effective:
- Early resolution avoids costly formal proceedings
- Maintains relationships through collaborative problem-solving
- Provides clarity and confidence via impartial guidance
- Supported by industry best practice
When a Claim Is Unavoidable
Despite best efforts, some situations require a formal claim—whether for loss and expense, defects, variations, overpayments, or delays.
When this happens, our structured process helps you act decisively and strategically:
- Initial Assessment – reviewing your contract, correspondence, and project records to establish the position.
- Evidence Gathering & Analysis – building a robust base to support or defend your case.
- Quantification – accurately assessing financial and time impacts.
- Claim Preparation – producing a clear, persuasive document that aligns facts, law, and commercial context.
- Negotiation & Representation – leading discussions and representing you with precision and professionalism.
- Dispute Resolution Guidance – advising on mediation, adjudication, arbitration, or litigation if settlement isn’t possible.
Understanding and Managing Disputes
Not every issue is obvious. Some problems remain under the surface, others emerge without warning. Understanding how disputes form—and how they escalate—can prevent them from spiralling into costly, time-consuming conflicts.
Latent and Emerging Disputes
A latent dispute is an issue one party recognises but doesn’t raise—often because it feels minor, expected to resolve itself, or not worth the disruption.
It becomes an emerging dispute when triggered by an event—such as a delay, payment issue, or perceived imbalance in power or resources. Often, the dominant party is unaware of the problem, even though the other side has been aware for some time. Addressing these “quiet tensions” early can prevent escalation.
Escalation and Institutionalisation
Left unchecked, disputes can escalate. Constructive dialogue gives way to mistrust and “winning at all costs,” often leading to:
- A shift from persuasion and compromise to threats and power plays
- An expansion of issues in dispute
- A breakdown of relationships
- More parties being drawn into the conflict
- Goals shifting from resolution to outright victory
At this point, disputes often move into formal processes like adjudication, arbitration, or other forms of Alternative Dispute Resolution (ADR)—structured mechanisms that help parties break deadlock and move forward.
Negotiation: The First Line of Resolution
Negotiation is usually the quickest, most cost-effective path to resolution. Effective negotiation requires:
- Clarity of goals – knowing what you want and what you can concede
- Understanding power and alternatives – including your BATNA (Best Alternative to a Negotiated Agreement)
- Awareness of relationships – recognising history and hidden agendas
- Realistic expectations – knowing your bottom line and preparing for compromise
Whether collaborative (“win–win”) or competitive (“win–lose”), comprehensive preparation improves the likelihood of success.
Looping Back to Negotiation
Even when disputes enter formal processes such as mediation or adjudication, many parties return to the table once they better understand each other’s positions. These “loop back” negotiations often produce faster, less costly settlements—keeping control in the hands of the parties.
Managing Stalemate and De-Escalation
When talks stall, a pause can help. Effective de-escalation strategies include:
- Reassessing objectives and tactics
- Bringing in fresh negotiators
- Reframing discussions to focus on solutions, not positions
This creates the space to resume negotiations productively—or, where needed, prepare for structured ADR or arbitration.
Alternative Dispute Resolution (ADR)
When negotiation alone isn’t enough, ADR offers structured, less adversarial options, such as:
- Mediation – a facilitated process to achieve a mutually acceptable solution
- Adjudication – a swift, binding decision that keeps the project moving
- Arbitration – a formal process suited to complex or high-value disputes
ADR provides speed, cost savings, confidentiality and flexibility that litigation often cannot.
Settlement: Closing the Loop
The goal of any dispute process is settlement—an outcome that lets all parties move forward. While settlement may not always address root causes, recognising and addressing underlying issues reduces the risk of future conflicts.
Why This Matters
People judge a process not only on its legal correctness but also on whether it feels fair, transparent, and respectful.
Our approach delivers:
- Clear communication – to reduce misunderstandings and build trust
- Procedural fairness – ensuring every step feels balanced and transparent
- Psychological awareness – recognising how emotions and perceptions shape outcomes
This means you get not just technically excellent advice, but a process that protects relationships and commercial interests.
Why Choose Davies & Davies
- Authentic Construction Insight – practical, site-proven expertise matched with RICS-qualifying legal knowledge
- Clarity Without Complexity – straightforward advice and strategic guidance
- Fast, Flexible, Results-Focused – responsiveness and pragmatism at every step
- Complete Support – from early risk signs through to claims, negotiation, or formal proceedings
Next Steps
Whether you want to embed conflict avoidance into your project strategy or need expert support to prepare, defend, or resolve a claim, we can help.
Contact us today to start the conversation—and take control of your project’s challenges before they control you.