Update on The Conflict Avoidance Process – CAP

12th December 2025

12.00 - 13:00

Slides

Webinar Overview

This webinar will explain what the updates to the Process is about, and will also discuss the progress made to date by the Conflict Avoidance Coalition to date.

Understand how CAP can impact the procurement and delivery of construction and engineering projects by using early intervention techniques to resolve issues on projects, without recourse to time consuming and costly disputes.

The Conflict Avoidance Coalition aims to prevent disputes through collaboration, growing to over 100 members. Originating from RICS and TfL, the Conflict Avoidance Pledge has over 500 committed organizations. Early intervention reduces costs and preserves relationships by embedding conflict avoidance in contracts. The flexible process effectively resolves various disputes while maintaining control and relationships. Future goals include expanding signatories and educating the next generation on collaboration and avoidance, fostering a more efficient and harmonious construction sector. This comprehensive approach ensures better project outcomes and a reduction in costly disputes.

Len Bunton outlined CAP as early intervention preventing dispute escalation via collaboration, with pledge signing yielding bronze status and Coalition support for business embedding amid surging payment crises causing mental health issues and adjudication overload. Major clients like Environment Agency drive adoption through framework mandates, while training on contracts and unified collaboration prove essential amid CITB cuts to foster long-term relationships and cut costly disputes.

Recording & Reflections

Len Bunton outlined CAP as early intervention preventing dispute escalation via collaboration.

Signing pledge yields bronze status with Coalition support for business embedding.

Payment crises surge, causing mental health issues and adjudication overload.

Major clients like Environment Agency drive CAP via framework mandates.

Training on contracts and unified collaboration essential amid CITB cuts.

Learning Points

What defines the Conflict Avoidance Process in construction projects...
Len Bunton described CAP as early intervention to stop issues escalating into disputes, starting at site level then directors, using third-party consultants if needed. It promotes face-to-face talks over email wars, with simple boilerplate clauses in contracts mandating CAP while preserving adjudication rights. Shared slides outlined its focus on collaboration from project start. Emphasis falls on resolving matters quickly to refocus on on-time, on-budget delivery, avoiding costly adjudications where parties often regret not negotiating earlier.
How does one become a pledge signatory...
Sign via Conflict Avoidance Coalition website for instant bronze status; silver/gold requires proving business-wide adoption with clients/supply chains. Coalition follows up with support like training managers to embed CAP, discuss it in tenders, and engage subcontractors face-to-face. Not a wall diploma—it's a philosophy for good business relationships, avoiding disputes. Len challenged skeptics: "Why wouldn't you?" One signatory trained 25 supply chain partners for long-term ties. Easy entry yields practical avoidance tools.
What payment challenges face construction firms...
Surge in cash flow crises, with firms now facing 7-8 unpaid instances weekly versus one monthly, amid 1,200 annual ICS adjudications, worsening pre-Christmas. Contractors often fail to prove entitlement; best practices urged in 30-40 areas like schedules, follow-ups, notices. Mental toll includes breakdowns, suicides, exits; poor communication like shutdown emails frustrates. "Client not paying" excuses illegal. Economic squeeze drives collaboration over £100k disputes.
Which organizations drive CAP adoption momentum...
Environment Agency as gold partner mandates for frameworks; others include Rail for London, Parliament refurb, tier-1/2 contractors, British Property Federation, Scottish/Welsh/NI governments, NHS. Client-led: tender requirements ensure buy-in. Initiatives add contract reviews stripping onerous clauses (e.g., 45 Z-additions), 14-page commercial guide, international ties. Economics shifts from competition to relationships, cutting dispute costs/distractions.
Why prioritize training for dispute avoidance...
JCT/NEC training essential amid CITB cuts; Len offers free sessions, urges monthly workshops for managers on clauses/negotiations. Poll showed strong support. Student lectures pilot to instill skills over "stroppy emails." Collaborators (ICM, ICW) need symposia to unify guidance, avoid "waste bins." Eliminate retentions via quality pledges. Client-driven from outset builds trust; 2026 mindset shift eyed despite frustrations.

Presenter Bio

Len Bunton

Chair of the Conflict Avoidance Coalition

Len Bunton, FRICS FCIArb, Hon FRIAS, is a highly experienced dispute avoidance and resolution consultant. He is the Chair of the Conflict Avoidance Coalition and is responsible for its growth and promotion. He is past Chair of the Scottish Building Contracts Committee (SBCC) and was Chair of the Scottish Branch of the Chartered Institute of Arbitrators. He is Vice Chair of Scottish Mediation as well as Co-Chair of the CICV Procurement and Supply Chain Group.