
RICS APC: Conflict Avoidance, Management and Dispute Resolution Procedures
We continue our short mini-series focused on RICS APC optional competencies with a look at the other optional competency usually selected by quantity surveyors, which is ‘Conflict avoidance, management, and dispute resolution procedures.’
This competency covers the quantity surveyor’s involvement with the avoidance, management, and resolution of disputes, including the various processes and techniques commonly used in the industry. The candidate should have a detailed understanding of how these are applied in practice.
You are required to demonstrate Level 1 knowledge of this competency, and that is a mandatory competency for anyone sitting their APC; however, selecting this as an optional requires you to demonstrate your competence at Level 2 (i.e. doing). There are two bullets at Level 2, so let’s explore each of these as subheadings.
Level 2: Direct experience
The full description of this bullet is “direct experience of conflict avoidance and management and dispute resolution procedures, including mediation, adjudication, arbitration, expert determination, dispute boards, etc’.
As an initial point, you should not select this as an optional competency if you do not have, or do not anticipate having, direct experience of these issues when you sit your assessment. If you cannot meet the Level 2 criteria, then you will be referred, so think this through carefully and make your selection wisely.
These procedures are often formal, and there are prescribed rules. At Level 1 you would show that you have knowledge of these procedures, but at Level 2 you would be showing that you have experience of operating these procedures.
For most, this would probably mean some involvement in an adjudication process, but there may be situations where a quantity surveyor is involved in mediation, arbitration, expert determination, and dispute boards.
This would often be a legally led process, but it is likely that you would be involved in that process. Maybe you would be responsible for packaging up the initial information, checking documents that are prepared, or performing required tasks for those leading the process.
This is the direct experience that I would be looking for as an assessor. You know what you did, why you did it, and how it fit into the overall process. That latter point is particularly crucial because being involved in a dispute resolution process is a fantastic learning process, so absorb everything, ask questions, and understand what the process is and how the work you are doing assists this.
It might go without saying, but if it doesn’t, you should definitely know and be in a position to explain how you would resolve a dispute under your current contract. The question might be hypothetical, but prepare for this question.
Level 2: Compiling evidence
The full description of this bullet is ‘compiling evidence for use in dispute resolution procedures.’
This is likely to be the primary function of a quantity surveyor in a dispute resolution process. The important point here is what you have been asked to provide and how you have determined that the evidence you have provided is relevant.
I have seen situations where a quantity surveyor will dump everything they have in a folder for someone else to understand and sort out. You want to be demonstrating that you understand what evidence was important, why you provided it, and why it was relevant to the issues in dispute.
A good, and simple, example is a valuation of a variation. Do those leading the process need every valuation you and the other side have made, or do they simply need the latest valuation because that is the amount in dispute? When it comes to supporting information, are you in a position to explain in writing why you are entitled to the change (if entitlement is disputed), the cause and effect of the change, and show why your valuation is correct by reference to supporting records and cost information?
At level 2, that is what a quantity surveyor would do, so pick an example and explain the process of compiling the evidence. It will bring your example to life if it is really specific, and it will allow you to showcase your competence in this area.
Final reflections
This is another 5-minute, bite-sized article aimed at helping those going through their APC, those counselling anyone going through the APC, or other construction professionals who are looking to improve their knowledge of contract administration issues.
Next week we turn the dial up again and will bring you a miniseries focused on relevant parts of the NEC suite of contracts.
Keep an eye out for that and, in the meantime, enjoy the rest of your week!
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