A Guide to Dispute Resolution

Second Edition

Prepared on behalf of the Commonwealth Association of Surveying and Land Economy (CASLE) by Clifford Dann MBE BSc DSc(Hon) FRICS, Brian J Coutts JP MSc DipSurv FNZIS FRICS MNZPI AAMINZ RPSurv (Chapter 5) and Stuart V Kennedy LL.B(Hons) FRICS FCIArb Barrister-at-Law.

Disputes relating to land and buildings are often resolved by processes which do not involve the courts. The purpose of this publication is to set out the basic considerations relating to processes in which members of the surveying profession may be involved. Whatever procedure may be pursued, the submission of expert evidence will almost certainly be required.

Although disputes may be resolved without recourse to the courts, all systems provide for some degree of judicial supervision. For example, the courts may intervene in cases of fraud or bias by arbitrators, contravention of the rules of natural justice or action in excess of jurisdiction.

This guide seeks to set out basic principles of general application. However, much of it has been written in the context of practice in the United Kingdom (UK) and the reader will need to make any necessary adjustment to reflect the legal system of the country in which he or she practises.

This CASLE publication has been written to provide a general guide for practitioners in any part of the Commonwealth. It replaces ‘Project Manual 7 – Arbitrations and Expert Evidence' (March 1989).

Common to all procedures is the revolution in means of communication since the 1989 manual was produced. Although not necessarily applicable in every location, electronic communication is rapidly becoming the norm. The implications are far-reaching and in the final chapter of this publication reference is made to some of the practical considerations and possible hazards.

Copies of the above, price £10 or US$15 each to cover postage and packaging, may be obtained by sending a cheque or bankers draft for this sum made payable to the CASLE to the address below

The Commonwealth Association of Surveying and Land Economy (CASLE); Built Environment professionals and the Habitat agenda

This report, of about 40 pages, gives the results of a research study into the range and type of information generally available on projects which appear to satisfy some sustainable development criteria, particularly in respect of the UN ‘Habitat agenda'.

Sources of information, particularly relating to sub-Saharan Africa and India, were interrogated to locate reports and case-studies of those projects which appeared to have utilised generic skills of built environment professionals*. An aim was to help to stimulate the transfer of knowledge of good practice, in the hope of encouraging the wider application of these skills in sustainable development projects in future.

The research, which was planned as a pilot study, was approached from the point of view of someone who wishes to know more about what is possible, and what has already been done. The main sources of information generally accessible in the Spring of 2002 were explored.

The report was presented at the conference of the Global Alliance for Building Sustainability (GABS), held in Johannesburg on August 28 th and 29 th, and also at the CASLE seminar ‘The Commonwealth's values and assets', held at the University of Pretoria on September 2 nd and 3rd. These events took place in the wings of the 2002 World Summit on Sustainable Development in Johannesburg.

The work was initiated by the President of CASLE, Professor Alan Spedding, and was carried out at the University of the West of England (UWE). It was supported by the Royal Institution of Chartered Surveyors' Foundation, CASLE, and UWE.

The term ‘Built environment professionals' (BEPs) is used to refer to those working in the four professional fields of Architecture, Civil Engineering, Surveying, and Town & Country Planning, and is used in the title of the BEPIC group (Built Environment Professionals in the Commonwealth).

Copies of the above, price £10 or US$15, to cover postage and packaging, may be obtained by sending a cheque or bankers draft for this sum made payable to the CASLE to the address below.

The Commonwealth Association of Surveying and Land Economy (CASLE): An introduction to building maintenance management

CASLE is updating some of its manuals which have previously been used as a basis for continuing education seminars for professionals, and which have also been seen to be useful for education purposes in colleges.

At an international workshop in New Delhi, organised by the Institution of Surveyors, India and CASLE Asia region, the President of CASLE, Professor Alan Spedding, reported on lessons learned from his consultancy work on building maintenance management in Hong Kong and India, and was asked to write a new manual as an introduction to this topic.

This manual, of about 100 pages, discusses the significance of maintenance in relation to a national stock of built assets, and also in relation to strategic property planning. It introduces some of the terminology used in building maintenance, as well as concepts relating to component life, and life cycle costing. Typical problems encountered in maintaining buildings in some rural regions are discussed, and the process of undertaking inspections and condition surveys for non-housing stock is described. A section summarises some research on using codes to analyse data on elements of buildings, as well as on the setting of priorities for maintenance work.

The basis of a computerised maintenance management information system is outlined, and some essentials of setting budgets and financial control are noted in relation to the planning and control of maintenance work.

An appendix, on condition surveys and computing in relation to housing stock, was contributed by Duncan Marshall, a specialist at the University of the West of England.

Hard copies of the above, price £10 or US$15, to cover postage and packaging, may be obtained by sending a cheque or bankers draft for this sum made payable to CASLE with the order form below.

How to Order

Please print and complete the Order Form [PDF] and send with payment to:

School of the Built and Natural Environment
University of the West of England, Bristol
BS16 1QY

CASLE accepts payment by cheque, money order or bankers draft.