Delivering Dispute Free Projects - Construction and Claims Management

There is no such thing as a claim free project, learn ways to close out projects without resorting to arbitration or litigation.

Project owners, design professionals, construction managers and contractors frequently ask if there are recommendations on how to avoid disputes on future construction projects. They acknowledge that there is no such thing as a claim free project but are seeking ways close out projects without resorting to arbitration or litigation at the end of the project. This topic is based on a number of interviews with experienced practitioners in the construction industry. The topic is based on their experience, observations and thinking. The issues of claims mitigation and dispute avoidance during the construction and claim phases of a project will be addressed. These two phases, of course, overlap each other as claims can start to arise shortly after notice to proceed is issued and even before physical construction starts. The topic treats the claim phase of a project as dealt with herein separately, not because it takes place at a different point in time, but because the activities involved in preparing, submitting, receiving, reviewing and resolving claims are entirely different from those activities concerning management and delivery of a construction project. While the activities in the claim phase overlap and are concurrent with the activities of the construction phase, they are not the same and thus are treated separately.