Claims, disputes, arbitration, litigation: these are dreaded procedural pitfalls that often dog construction projects large and small. Not only are they time-consuming to work through, but they’re costly, too: The National Research Council estimates that $4B to $11B is spent annually in resolving these cases in the U.S. market.
At the North American office of Rider Levett Bucknall, the approach we take to avoid or minimize the number of conflicts that end up in post-project arbitration or litigation dispute often centers on using Project Neutrals or independent Dispute Review Boards (DRB).
These individuals are trained, neutral advisors who focus solely on the project, not on any one party’s position. Part psychiatrist, part negotiator, DRBs and Project Neutrals understand, manage, and resolve conflicts caused by normal construction processes in order to avoid disputes. They work with owners, architects, contractors, and consultants to transition the industry-collective mindset from conflict to conflict resolution, and ultimately to dispute avoidance.
Here are five core practices that Project Neutrals and DRBs utilize to keep the peace, while keeping a project on-track.
1. Develop trusting relationships with each stakeholder. When trust levels are high, people tend to be less defensive and are more willing to share information to help find a mutually acceptable solution to a problem. If parties mistrust one another, they often act defensively, focusing solely on their own needs and interests. Creating a working relationship that is trust-based makes conflict management and resolution easier.
2. Play an active, integrated role in the overall project team. If you want to be prepared to handle conflicts, it’s important not to sit passively on the sidelines during the design and construction process. Connecting regularly—through meetings, emails, and phone calls—with key players from the start of a project can establish you as a familiar, concerned, and impartial presence, rather than a biased opportunist or outlier.
3. Communicate clearly. The sheer quantity of documentation and communication generated by construction projects can be massive; the quality of those documents, in terms of clarity and meaning, can be ambiguous, inflammatory, or even overwhelming. Using simple and considerate language can avoid small misunderstandings—and keep them from escalating into major conflicts.
4. Treat all parties equally and fairly. If you demonstrate competence, honesty, and respect for the project and all its stakeholders, people will be confident in your ability to protect their interests and provide fair advice, recommendations, and guidance. This empowers each party to be open to conflict resolution, secure in the knowledge that, if necessary, you can be relied upon to provide sincere and balanced feedback.
5. Serve as a resource to help stakeholders explore mutually acceptable solutions.It’s not easy to challenge the traditionally adversarial culture of the construction industry. If you present people with reasonable and effective options to the expensive, ingrained blame game that pervades the business, you’ll earn the esteem of your professional colleagues and be recognized as a leader in the field.
Employed regularly, these fundamental dispute-avoidance techniques can bring a new harmony to construction projects, resulting in streamlined schedules and enhanced bottom lines.
About the Author: John T. Jozwick, Esq., is Senior Vice President and General Counsel for Rider Levett Bucknall North America. With more than 35 years in the industry, Jozwick provides advisory services to owners, contractors, subcontractors, design professionals, sureties, and attorneys relating to construction projects and disputes. He serves clients as an expert witness, provides alternative dispute resolution services as Arbitrator or Mediator, and provides construction dispute avoidance services as a Dispute Review Board member, Project Neutral, or Independent Certifier.
Related Stories
Market Data | Jan 5, 2016
Majority of AEC firms saw growth in 2015, remain optimistic for 2016: BD+C survey
By all indications, 2015 was another solid year for U.S. architecture, engineering, and construction firms.
Architects | Jan 5, 2016
Potential vs. credential: How men and women differ in career progress
Recent research suggests that women face yet another career impediment: the confidence gap.
Urban Planning | Jan 4, 2016
The next boomtown? Construction and redevelopment sizzle in San Diego
The city's emission-reduction plan could drive influx into downtown
Market Data | Dec 15, 2015
AIA: Architecture Billings Index hits another bump
Business conditions show continued strength in South and West regions.
Industry Research | Dec 8, 2015
AEC leaders say the 'talent wars' are heating up: BD+C exclusive survey
A new survey from Building Design+Construction shows that U.S. architecture, engineering, and construction firms are being stymied by the shortage of experienced design and construction professionals and project managers.
Market Data | Dec 7, 2015
2016 forecast: Continued growth expected for the construction industry
ABC forecasts growth in nonresidential construction spending of 7.4% in 2016 along with growth in employment and backlog.
Contractors | Dec 2, 2015
FMI: Nonresidential construction in a slowdown, according to latest NRCI score
“Economic recovery momentum is losing steam and rising costs in labor and materials start to put a load on the industry,” said Chris Daum, President and CEO of FMI.
Contractors | Dec 2, 2015
ABC releases scorecard on state policies affecting the construction industry
The scorecard website identifies states that have good environments for merit shop contractors, like Arizona, and states that could improve conditions, like New York.
Contractors | Dec 1, 2015
ABC: September's nonresidential spending retains momentum in October
Spending increased in 10 of 16 nonresidential construction sectors on a monthly basis.
Greenbuild Report | Dec 1, 2015
Data centers turn to alternative power sources, new heat controls and UPS systems
Data centers account for 2% of the nation’s electricity consumption and about 30% of the power used annually by the economy’s information and communications technology sector, according to the National Renewable Energy Laboratory.