Conflict prevention in the implementation of large and complex contracts

Abstract

Globalization and the consequent opening of markets abroad imposed the modernization and development of infrastructure. Investments for the respective implementation require the execution of highly complex contracts and the need to sub contract partners in accordance with the required expertise. A simple delay in the fulfillment of one of these instruments is reflected in terms of the smooth progress of work. We intend to demonstrate that the Dispute Boards are a means of resolving disputes, avoiding either arbitrators or the courts. This figure rises concurrently with the contract, in order to assist the parties to overcome the resolution of any conflicts during the contractual iter. A literature review will be carried out, contextualizing the figure in the analysis of large projects environment. Use shall be a deductive reasoning, based on reality and existing regulatory mechanisms, stressing the importance of Disputes Boards for the maintenance and success of contractual relations. The Disputes Boards provide for the settlement of disputes during the execution of the contract, quickly and adapted to the specificities of the contract, avoiding either the use of contentious means (arbitration and state justice) or damages caused by delays in performing the work. The Disputes Boards thus provide a means of facilitating conflicts, enhancing the good relations between the parties, allowing the technicians of their confidence to handle all the contractual instruments. It will be demonstrated through real examples, infrastructure projects, namely the Eisenhower Tunnel and Eurotunnel.