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
| Apr 28, 2014
Welcome to the Hive: OVA designs wild shipping container hotel for competition
Hong Kong-based OVA envisions a shipping-container hotel, where rooms could be removed at will and designed by advertisers.
Smart Buildings | Apr 28, 2014
Cities Alive: Arup report examines latest trends in urban green spaces
From vertical farming to glowing trees (yes, glowing trees), Arup engineers imagine the future of green infrastructure in cities across the world.
| Apr 25, 2014
A radiant barrier FAQ: Everything you wanted to know but were afraid to ask
There are many examples of materials developed for the space program making their way into everyday life and radiant barriers are just that. SPONSORED CONTENT
| Apr 24, 2014
Unbuilt and Famous: LEGO releases box set of Bjarke Ingels' LEGO museum
LEGO Architecture has created a box set that customers can use to build replicas of the LEGO Museum, which is not yet built in real life. The museum, designed by the Bjarke Ingels Group, will commemorate the history of LEGO.
| Apr 23, 2014
Ahead of the crowd: How architects can utilize crowdsourcing for project planning
Advanced methods of data collection, applied both prior to design and after opening, are bringing a new focus to the entire planning process.
| Apr 23, 2014
Developers change gears at Atlantic Yards after high-rise modular proves difficult
At 32 stories, the B2 residential tower at Atlantic Yards has been widely lauded as a bellwether for modular construction. But only five floors have been completed in 18 months.
| Apr 23, 2014
Experimental bot transfers CAD plans onto construction sites
The Archibot is intended to take technical data and translate it into full-scale physical markings on construction sites.
| Apr 23, 2014
Mean and Green: Top 10 green building projects for 2014 [slideshow]
The American Institute of Architects' Committee on the Environment has selected the top ten examples of sustainable architecture and ecological design projects that protect and enhance the environment. Projects range from a project for Portland's homeless to public parks to a LEED Platinum campus center.
| Apr 23, 2014
Architecture Billings Index dips in March
The March ABI score was 48.8, down sharply from a mark of 50.7 in February. This score reflects a decrease in design services.
| Apr 21, 2014
10 design-build best practices
Design-build requires more than a good contract and appropriate risk allocation, says the DBIA. Everyone from the owner to the subcontractors must understand the process, the expectations, and fully engage in the collaboration.