In 1994, Sir Michael Latham published his review of procurement and contractual arrangements in the UK building industry, Constructing the Team. Since then the construction dispute resolution landscape has changed almost beyond recognition. I recently went back to that review and was struck by Latham’s aim: “helping clients to obtain the high-quality projects to which they aspire. That requires better performance, but with fairness to all involved. Above all, it needs teamwork. Management jargon calls that ‘seeking win-win solutions’. ”

It’s difficult to believe that this was written 24 years ago. A quick flick through the news pages of Building today reveals many similar themes: the desire – and economic need – for high-quality projects, better performance, fairness and teamwork.It all sounds very post-Carillion 2018. 

The solution remains at all times in the hands of the parties, not the mediator

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