9.1 "During the past 50 years much of the United States construction environment has been degraded from one of a positive relationship between all members of the project team to a contest consumed in fault finding and defensiveness which results in litigation. The industry has become extremely adversarial and we are paying the price ... If the construction industry is to become less adversarial, we must reexamine the construction process, particularly the relationship between contractor/subcontractor. A positive alliance of these parties constitutes an indispensable link to a successful project ... Disputes will continue as long as people fail to trust one another." (Newsletter from "The Dispute Avoidance and Resolution Task Force", (Dart), Washington D.C., February 1994.)
9.2 The UK construction industry is not alone in having adversarial attitudes. But the United States has taken positive steps to try to reduce them, with the growth of Alternative Dispute Resolution (ADR). The debate over adjudication, conciliation/mediation and arbitration has been very strong throughout this Review. There has been growing consensus over the action needed.
9.3 The best solution is to avoid disputes. If procedures relating to procurement and tendering are improved, the causes of conflict will be reduced. If a contract document is adopted which places the emphasis on teamwork and partnership to solve problems, that is another major step. The prepricing of variations is also important.