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Understanding the Conflict Avoidance Pledge (CAP)

Updated: Nov 28, 2025


What is the Conflict Avoidance Pledge?


This article provides an overview of the Conflict Avoidance Pledge (‘CAP’). The aim is to explain its significance and potential benefits for various stakeholders. These opinions reflect my personal views.


The CAP Pledge states:


“The Pledge

We believe in collaborative working and the use of early intervention techniques throughout the supply chain to resolve differences of opinion before they escalate into disputes. We recognize the importance of embedding conflict avoidance mechanisms into projects. This aims to identify, control, and manage potential conflict while preventing the need for formal, adversarial dispute resolution procedures. We commit our resources to embed these mechanisms into our projects.


We agree to work proactively to avoid conflict and facilitate the early resolution of potential disputes. We also dedicate ourselves to enhancing our capability in the early identification of potential disputes and the use of conflict avoidance measures. We will promote the value of collaborative working to prevent issues from developing into disputes. Furthermore, we pledge to work with industry partners to identify, promote, and utilize conflict avoidance mechanisms.”[1]


Benefits of the CAP Pledge


Primary Beneficiaries: Parties to Construction Contracts


The most apparent beneficiaries of the CAP are parties involved in construction contracts. It helps them avoid conflicts and reduce the financial strain of formal dispute resolution processes, as well as safeguard valued relationships.


Despite this, I have noticed skepticism about CAP on social media. Some argue that the pledge lacks the force to enact change. This skepticism seems to stem from the belief that mere intent is inadequate for avoiding disputes. If that were the primary focus of CAP, I might agree. However, CAP encompasses much more.


While promoting a collaborative mindset is essential, CAP also integrates avoidance processes into contracts. If desired, parties can appoint a CAP professional to assist in conflict avoidance.


Role of CAP Professionals


The methods employed by CAP professionals depend on the specific needs of the parties. They may provide independent reports, advice on contentious points, assess potential outcomes, or deliver binding or non-binding decisions. The flexibility of the CAP process allows parties to tailor the approach to their unique circumstances, promoting agreement while controlling time and costs.


Although some may argue that simply wishing to avoid conflict is subjective, the CAP offers a structured process. This is designed for parties to agree on an objective method for addressing any issues that arise.


How CAP Benefits Lawyers and Claims Consultants


Lawyers and claims consultants may question how the CAP can be advantageous to them. After all, resolving disputes is their primary business. I also pondered this when deciding to join CAP, as I specialize in claims and disputes as a Chartered Quantity Surveyor.


Upon reflection, I realized my question stemmed from oversimplifying CAP. Conflict avoidance is not just about intentions; it is an established process—much like dispute resolution.


Occasionally, parties may reach settlements through informal agreements. Such outcomes do not necessarily require CAP involvement. However, when parties genuinely aim to avoid conflict, it is crucial to understand entitlement, causation, and quantum. These elements must be considered when applying contractual terms and legal principles. Engaging professionals such as lawyers and claims consultants can facilitate a smoother process during negotiations and project execution.


By doing so, parties can minimize costs in formal dispute resolution processes. This reduction occurs because they avoid the expenses associated with adjudicators, arbitrators, court fees, etc.


Implications for Adjudicators


You might wonder if CAP undermines the role of adjudicators since it aims to avoid adjudications. In my view, the assumption that CAP will significantly reduce adjudications is overly simplistic. The premise suggests that most issues currently go through adjudication, which may not be accurate.


According to the Office for National Statistics, in 2023, the UK construction sector accounted for £139 billion of work[2]. Simultaneously, a report on adjudication indicated that 2,078 disputes were referred to adjudication, with most valued between £125,000 and £500,000[3]. If we consider the upper average, this results in around £1,039 million in disputed value against a total construction value of £139 billion. Therefore, adjudication only impacts about 0.75% of the overall value of the construction industry.


Such statistics suggest that CAP’s focus lies beyond merely replacing adjudication. Instead, it aims to address a broader array of issues, such as the 99.25% of the industry not represented by adjudication. While adjudication provides quick resolutions, CAP prioritizes collaborative outcomes that maintain healthy commercial relationships.


Conclusion: The Inclusive Nature of CAP


From my extensive experience in the construction industry, I can say that many parties generally avoid adjudication whenever they can. They often remain engaged in lengthy settlement discussions, even with significant amounts at stake. Even with adjudication as an option, many prefer extended dialogue.


The real issues extend beyond the costs of formal dispute resolution. They encompass the cash flow challenges resulting from prolonged negotiations—a significant part of the 99.25% of construction work.


When parties choose to work with CAP professionals, they can circumvent the lengthy conflict resolution processes. By seeking clarity and guidance from a professional, they ensure that disputes are managed effectively.


The CAP process fosters collaboration. It encourages mutual agreement among parties, distinguishing itself from the adversarial nature of traditional legal systems.


In summary, the CAP is comprehensive and offers benefits to all stakeholders in the construction process, provided they actively participate. Therefore, participants are likely to obtain value from CAP proportional to their involvement.


To sign up, click here: https://cac-uk.org/user/register


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Contact


Mark Holden-Smith

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[3] Professor Renato Nazzini & Alesander Kalisz ‘2023 Construction Adjudication in the United Kingdom: Tracing trends and guiding reform, (Adjudication Society), Kings College London, 2023.

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