Critical Appraisal of Dispute Resolution Techniques in Property Development

Topics: Alternative dispute resolution, Dispute resolution, Mediation Pages: 4 (910 words) Published: September 14, 2011
IN THE NAME OF ALLAH THE BENEFICIENT AND MOST MERCIFULL

RESEARCH TOPIC: CRITICAL APPRAISAL OF DISPUTE RESOLUTION TECHNIQUES IN PROPERTY DEVELOPMENT IN NIGERIA.

Property Development is adjudged to be the second most important need to human beings after food(Dugeri 1997 & Nwuba 2009).This perception is influenced as buttressed by (Leramo 2006) on the premise that Nigeria is the most Densly populated in Africa with an estimated population of 150 million people as released by National census of 2006 blessed with petroleum and other natural resources. Property development involves Construction, Rehabilitation, Improvement and or material change capable of enhancing value and aesthetics of the property (Umeh 1986).This Defination has revealed the complexity and Possibility of multiple contractual agreements that may be involved along the chain of development processes which may expose some inadequacies and contractual breaches translating into disputes as opined by (oladapo &onabanjo 2009), that disputes are inevitable in human relationships whether Bussiness or personal with property development inclusive.Dispute according to the Nigerian institution of estate surveyors & Valuers arises when parties to a duelly executed contract can not mutually agree on interpretation and implementation of whole or part of contractual clauses during the currency of the contract. Whereas (kumaraswamy 1998) have it that dispute arises where a claim or assertions made by one party is rejected by the other party and that rejection is not accepted, The manifestation of dispute in any contrac t whether simple or complex Neccessitate its resolution and or determination prefferablly in a more honourable manner pleasant to the parties involved in the contract to avoid time wastage, extra cost, ill-feelings ,abandonments of the project and or prolonged completion period which will be detrimental to investors and even the contractor.

Consequently ,project managers and or...

References: T. T. Dugeri, (1997): Towards effective property development in nigeria being paper presented at a mandatory continuing professional development programme of the nigerian institution of estate surveyors & valuers.
C. C. Nwuba, (2009): National Housing Policy of Nigeria and its operation,being paper presented at a seminar organised by the Nigerian Institution of Estate surveyors & Valuers.
G. A. Leramo, (2006):Ground work to property development in nigeria being a paper presented at mandatory continuing proffessional development programme organised in collaboration with Estate surveyors & Valuer Registration Board of Nigeria.
M. C. Umeh,(1986): The intricacies in property development financing in nigeria.being paper presented at the National conference of the Nigerian Institution of Estste surveyors & Valuers.
A.Oladapo & B. Onabanjo,(2009): A Study of the causes and resolution of disputes in the construction industry.being paper presented at RICS COBRA Research conference.
Kumaraswamy, M. M.(1998): Tracing the root causes of construction claims and disputes being paper presented at the COBRA Conference of the Royal Institution of Chartered Surveyors .
Song Caifa & Liu Yumini,(2007). Outline and techniques of conciliation p481 of the international journal of Arbitration.
National population commission of Nigeria (census 2006).
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