This chapter focusses on settlement of disputes which have arisen during the course of the project. It looks in detail at the areas which may be important when negotiating and documenting a settlement, including issues to consider when preparing for negotiations, the use of ‘without prejudice’ privilege to cover negotiations, the scope of the settlement terms and the impact of a settlement on the existing project contract. Finally, it considers risks that may arise while the settlement is being finalised, such as inadvertent waiver of rights or claims becoming time barred, and possible interim measures to minimise their impact.
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