Negotiating An In-Project Construction Dispute -

Introduction -

Many thorny and competing interests are implicated when an ongoing major construction project experiences an unanticipated event that impacts the project schedule or costs, and the parties are unable to resolve quickly growing disputes. The owner generally wants progress to continue while the contractor seeks cost or schedule relief. Both parties want to minimize risk, expense and uncertainty, and they likely desire to maintain the relationship for future business.

Yet the blame game often takes over, with each side becoming entrenched and taking strident positions through change order documents and lawyer-driven correspondence. With compromise often meaning that both parties end up unhappy, how are owners and contractors to proceed in a manner that prepares them for litigation yet also attempts to preserve the relationship and serve the ongoing project?