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
| Aug 11, 2010
News Briefs: GBCI begins testing for new LEED professional credentials... Architects rank durability over 'green' in product attributes... ABI falls slightly in April, but shows market improvement
News Briefs: GBCI begins testing for new LEED professional credentials... Architects rank durability over 'green' in product attributes... ABI falls slightly in April, but shows market improvement
| Aug 11, 2010
University of Florida's traditionally modern graduate building
The University of Florida's Hough Hall Graduate Studies Building was designed by Rowe Architects, Tampa, and Sasaki Associates, Boston, to blend with the school's traditional collegiate gothic architecture outside, but reflect a 21st-century education facility inside. Tallahassee-based Ajax Building Corporation is constructing the $19 million facility, which will have traditional exterior detai...
| Aug 11, 2010
Florida International University's cantilevered design
Suffolk Construction's Miami-Dade business unit is serving as GC for the $14 million School of International and Public Affairs building at the University Park Campus of Florida International University. Designed by Arquitectonica, Miami, the five-story, 58,408-sf building will have a café and three auditoriums on the ground level; the largest auditorium will have a 40-foot cantilever abov...
| Aug 11, 2010
Restoration gives new life to New Formalism icon
The $30 million upgrade, restoration, and expansion of the Mark Taper Forum in Los Angeles was completed by the team of Rios Clementi Hale Studios (architect), Harley Ellis Devereaux (executive architect/MEP), KPFF (structural engineer), and Taisei Construction (GC). Work on the Welton Becket-designed 1967 complex included an overhaul of the auditorium, lighting, and acoustics.
| Aug 11, 2010
Best AEC Firms to Work For
2006 FreemanWhite Hnedak Bobo Group McCarthy Building Companies, Inc. Shawmut Design and Construction Walter P Moore 2007 Anshen+Allen Arup Bovis Lend Lease Cannon Design Jones Lang LaSalle Perkins+Will SmithGroup SSOE, Inc. Timothy Haahs & Associates, Inc. 2008 Gilbane Building Co. HDR KJWW Engineering Consultants Lord, Aeck & Sargent Mark G.
| Aug 11, 2010
Great Solutions: Business Management
22. Commercial Properties Repositioned for University USE Tocci Building Companies is finding success in repositioning commercial properties for university use, and it expects the trend to continue. The firm's Capital Cove project in Providence, R.I., for instance, was originally designed by Elkus Manfredi (with design continued by HDS Architects) to be a mixed-use complex with private, market-...
| Aug 11, 2010
AIA Course: Historic Masonry — Restoration and Renovation
Historic restoration and preservation efforts are accelerating throughout the U.S., thanks in part to available tax credits, awards programs, and green building trends. While these projects entail many different building components and systems, façade restoration—as the public face of these older structures—is a key focus. Earn 1.0 AIA learning unit by taking this free course from Building Design+Construction.
| Aug 11, 2010
BIM adoption tops 80% among the nation's largest AEC firms, according to BD+C's Giants 300 survey
The nation's largest architecture, engineering, and construction companies are on the BIM bandwagon in a big way, according to Building Design+Construction's premier Top 50 BIM Adopters ranking, published as part of the 2009 Giants 300 survey. Of the 320 AEC firms that participated in Giants survey, 83% report having at least one BIM seat license in house, half have more than 30 seats, and near...
| Aug 11, 2010
Integrated Project Delivery builds a brave, new BIM world
Three-dimensional information, such as that provided by building information modeling, allows all members of the Building Team to visualize the many components of a project and how they work together. BIM and other 3D tools convey the idea and intent of the designer to the entire Building Team and lay the groundwork for integrated project delivery.
| Aug 11, 2010
Great Solutions: Healthcare
11. Operating Room-Integrated MRI will Help Neurosurgeons Get it Right the First Time A major limitation of traditional brain cancer surgery is the lack of scanning capability in the operating room. Neurosurgeons do their best to visually identify and remove the cancerous tissue, but only an MRI scan will confirm if the operation was a complete success or not.