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
| Jan 13, 2015
Steven Holl unveils design for $450 million redevelopment of Houston's Museum of Fine Arts
Holl designed the campus’ north side to be a pedestrian-centered cultural hub on a lively landscape with ample underground parking.
| Jan 9, 2015
Santiago Calatrava talks with BBC about St. Nicholas Church on Ground Zero
Calatrava reveals that he wanted to retain the “tiny home” feel of the original church building that was destroyed with the twin towers on 9/11.
| Jan 9, 2015
Nonresidential construction hiring surges in December 2014
The U.S. construction industry added 48,000 jobs in December, including 22,800 jobs in nonresidential construction, according to the Bureau of Labor Statistics preliminary estimate released Jan. 9.
| Jan 9, 2015
10 surprising lessons Perkins+Will has learned about workplace projects
P+W's Janice Barnes shares some of most unexpected lessons from her firm's work on office design projects, including the importance of post-occupancy evaluations and having a cohesive transition strategy for workers.
| Jan 8, 2015
The future of alternative work spaces: open-access markets, co-working, and in-between spaces
During the past five years, people have begun to actively seek out third places not just to get a day’s work done, but to develop businesses of a new kind and establish themselves as part of a real-time conversation of diverse entrepreneurs, writes Gensler's Shawn Gehle.
Smart Buildings | Jan 7, 2015
NIBS report: Small commercial buildings offer huge energy efficiency retrofit opportunities
The report identifies several barriers to investment in such retrofits, such as the costs and complexity associated with relatively small loan sizes, and issues many small-building owners have in understanding and trusting predicted retrofit outcomes.
| Jan 7, 2015
University of Chicago releases proposed sites for Obama library bid
There are two proposed sites for the plan, both owned by the Chicago Park District in Chicago’s South Side, near the university’s campus in Hyde Park, according to the Chicago Sun-Times.
| Jan 7, 2015
4 audacious projects that could transform Houston
Converting the Astrodome to an urban farm and public park is one of the proposals on the table in Houston, according to news site Houston CultureMap.
| Jan 7, 2015
How you can help improve the way building information is shared
PDFs are the de facto format for digital construction documentation. Yet, there is no set standard for how to produce PDFs for a project, writes Skanska's Kyle Hughes.
Smart Buildings | Jan 7, 2015
Best practices for urban infill development: Embrace the region's character, master the pedestrian experience
If an urban building isn’t grounded in the local region’s character, it will end up feeling generic and out-of-place. To do urban infill the right way, it’s essential to slow down and pay proper attention to the context of an urban environment, writes GS&P's Joe Bucher.