ABSTRACT
Litigation is dispute resolution that takes place through the courts, before a judge, or a judge and jury. For centuries, common law claims, such as those involved in civil construction cases, were tried before juries. Today, however, the role of juries has been emasculated so that they no longer play any role in construction and engineering litigation in either England or Australia. Court proceedings may be commenced by a person who seeks the determination of a justiciable issue or issues. The result of that determination is a judgment, which may order a person to do something, refrain from doing something, or it may be declaratory of the partie' rights and obligations, without actually ordering that a thing be done or not done. This, in effect, is what happens when a court decides to dismiss a claimant's claim. Litigation is a public form of dispute resolution, the infrastructure and other resources for which are supplied by the state.
