Construction projects over the past few decades have become
\nincreasingly complex. As a result disputes2 have grown in direct
\nrelation to the size and complexity of projects. One recent study
\nreported that the value of the average dispute in the United
\nStates is approximately $34.3 million.3 A slightly older survey
\nof claims and disputes determined that in the 2009 \u2013 2011
\ntimeframe there were 65 international contract arbitrations in
\nwhich at least US$1 billion was in controversy.4 The amounts in
\ncontroversy ranged from US$1 billion to US$20 billion.5 The total
\nvalue of these 65 disputes was US$174.8 billion with the median
\nvalue being US$2.73 billion.<\/p>\n
One key to delivering a dispute free project is the early
\nidentification of potential claims and disputes. Disputes cannot
\nbe avoided by simply drafting and issuing a contract that
\nattempts to shift all risk of delays and costs to the contractor.
\nContractors and their legal counsel will likely find some way
\naround such contract terms. As the old saying goes, \u201cwhat one
\nman can invent another man can circumvent\u201d.6
\nBefore owners and contractors can deal with a dispute both
\nmust recognize that one is in the offing. Experience shows
\nthat the parties to a contract are often in a dispute long before
\nthey realize it. The Navigant Construction Forum\u2122 believes that
\nthe keys to successful dispute resolution are (1) to recognize a
\npotential dispute as it starts and (2) to take appropriate action
\nto resolve whatever the issue is. Waiting, in the hope that the
\ndispute will resolve itself rarely, if ever, succeeds. <\/p>\n","protected":false},"excerpt":{"rendered":"
How to forecast construction claims and disputes on a construction project.<\/p>\n","protected":false},"featured_media":4934,"comment_status":"open","ping_status":"closed","template":"","meta":[],"product_brand":[],"product_cat":[961],"product_tag":[971,976,977,978,34],"class_list":{"0":"post-4933","1":"product","2":"type-product","3":"status-publish","4":"has-post-thumbnail","6":"product_cat-white-papers","7":"product_tag-claim","8":"product_tag-construction-claims","9":"product_tag-disputes","10":"product_tag-forecasting","11":"product_tag-schedule","12":"","13":"woocommerce-text-align-left","14":"woocommerce-image-align-center","15":"member-discount","16":"discount-restricted","18":"first","19":"instock","20":"downloadable","21":"virtual","22":"sold-individually","23":"product-type-simple"},"_links":{"self":[{"href":"https:\/\/essential.construction\/files\/wp-json\/wp\/v2\/product\/4933","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/essential.construction\/files\/wp-json\/wp\/v2\/product"}],"about":[{"href":"https:\/\/essential.construction\/files\/wp-json\/wp\/v2\/types\/product"}],"replies":[{"embeddable":true,"href":"https:\/\/essential.construction\/files\/wp-json\/wp\/v2\/comments?post=4933"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/essential.construction\/files\/wp-json\/wp\/v2\/media\/4934"}],"wp:attachment":[{"href":"https:\/\/essential.construction\/files\/wp-json\/wp\/v2\/media?parent=4933"}],"wp:term":[{"taxonomy":"product_brand","embeddable":true,"href":"https:\/\/essential.construction\/files\/wp-json\/wp\/v2\/product_brand?post=4933"},{"taxonomy":"product_cat","embeddable":true,"href":"https:\/\/essential.construction\/files\/wp-json\/wp\/v2\/product_cat?post=4933"},{"taxonomy":"product_tag","embeddable":true,"href":"https:\/\/essential.construction\/files\/wp-json\/wp\/v2\/product_tag?post=4933"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}