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
| Nov 8, 2013
Oversized healthcare: How did we get here and how do we right-size?
Healthcare facilities, especially our nation's hospitals, have steadily become larger over the past couple of decades. The growth has occurred despite stabilization, and in some markets, a decline in inpatient utilization.
| Nov 8, 2013
Can Big Data help building owners slash op-ex budgets?
Real estate services giant Jones Lang LaSalle set out to answer these questions when it partnered with Pacific Controls to develop IntelliCommand, a 24/7 real-time remote monitoring and control service for its commercial real estate owner clients.
| Nov 8, 2013
S+T buildings embrace 'no excuses' approach to green labs
Some science-design experts once believed high levels of sustainability would be possible only for low-intensity labs in temperate zones. But recent projects prove otherwise.
| Nov 8, 2013
Net-zero bellwether demonstrates extreme green, multifamily style
The 10-unit zHome in Issaquah Highlands, Wash., is the nation’s first net-zero multifamily project, as certified this year by the International Living Future Institute.
| Nov 8, 2013
Walkable solar pavement debuts at George Washington University
George Washington University worked with supplier Onyx Solar to design and install 100 sf of walkable solar pavement at its Virginia Science and Technology Campus in Ashburn, Va.
| Nov 6, 2013
PECI tests New Buildings Institute’s plug load energy use metrics at HQ
Earlier this year, PECI used the NBI metrics to assess plug load energy use at PECI headquarters in downtown Portland, Ore. The study, which informed an energy-saving campaign, resulted in an 18 percent kWh reduction of PECI’s plug load.
| Nov 5, 2013
Net-zero movement gaining traction in U.S. schools market
As more net-zero energy schools come online, school officials are asking: Is NZE a more logical approach for school districts than holistic green buildings?
| Nov 5, 2013
New IECC provision tightens historic building exemption
The International Energy Conservation Code has been revised to eliminate what has been seen as a blanket exemption for historic buildings.
| Nov 5, 2013
Living Building Challenge clarifies net-zero definitions and standards
The Living Building Challenge has released the Net Zero Energy Building Certification to provide clearer definitions regarding what net zero really means and how it is to be achieved.
| Nov 5, 2013
Oakland University’s Human Health Building first LEED Platinum university building in Michigan [slideshow]
Built on the former site of a parking lot and an untended natural wetland, the 160,260-sf, five-story, terra cotta-clad building features some of the industry’s most innovative, energy-efficient building systems and advanced sustainable design features.