For the second consecutive year, the leading cause of construction contract disputes in North America was errors and/or omissions in contract documents. And while the value of disputes fell by nearly 14% in 2014, the time it took to resolve them lengthened substantially last year.
These are some of the key findings in the “Global Construction Disputes Report 2015,” the fifth such annual report produced by Arcadis, a leading global natural and built asset design and consultancy firm. Its data are based on contract disputes handled by Arcadis’ Construction Claims Consulting teams in North America, Europe, the UK, the Middle East, and Asia.
(Arcadis could not provide statistics on the total value of disputes. But last year it served as a claims consultant on approximately 40 disputes with values up to $100 million last year.)
Globally, the report found an increase in the value and length of disputes, with the most common cause being a failure to properly administer the contract. “This is both a revealing and concerning statistic,” observes Mike Allen, Arcadis’ Global Leader of Contract Solutions. “It raises myriad questions as to how projects and programs are briefed, scoped, [and] structured,” as well as questions about resourcing, training, and contracting environment itself.
The transportation sector accounted for 31% of global contract disputes. And despite the presumed advantages of joint ventures, one in three still ends up in a contract dispute, although that number dips to less than one in five (19.8%) in North America.
Worldwide, the average value of disputes increased last year to $51 million, from $32.1 million in 2013. The highest average was in Asia, where dispute values more than doubled to $85.6 million. Arcadis attributed the jump primarily to the region’s growth, the complexity of its construction projects, and the rise in joint ventures.
Dispute values in the Middle East rose to $76.7 million, from $40.9 million in 2013. In the UK, dispute values dipped slightly to $27 million.
The average time taken to resolve disputes globally rose to 13.2 months, up from just under 12 months in 2013. All areas of the world saw their resolution processes extend, with the exception of Asia where the average dispute length took two months less than it did the year before.
In North America, the length of disputes last year increased by more than 18% to 16.2 months. On the other hand, dispute values dipped by nearly 14% to $29.6 million, and there was evident willingness on behalf of contractual parties “to try and try again to arrive at a settlement” and avoid the inevitably escalating costs associated with formal litigation and negative publicity, said Roy Cooper, Arcadis’ Vice President and Head of Contract Solutions in North America.
For the second year running, the most common cause of disputes in North America during 2014 was errors and/or omissions in the contract documents. Differing site conditions came in second, while a failure to understand or comply with contractual obligations on the part of an employer, contractor or subcontractor was the third most commonly cited reason for a dispute.
With North America’s crumbling infrastructure system in need of a significant overhaul, Cooper sees the construction industry moving towards a program of interconnected projects, rather than discrete projects. But big programs can come with bigger risks, so “failure and high visibility disputes are not an option,” he said. “Owners have turned to alternate project delivery, increased project controls and early intervention to mitigate disputes to help manage that risk.”
The three most common methods of Alternate Dispute Resolution in the U.S. were party-to-party negotiation, mediation, and arbitration.
Still, Arcadis predicts that the number of projects going into dispute would to rise this year globally, with projects accepted for lower margins during economic downturns and labor shortages in some markets likely to prove the catalysts for disputes.
Related Stories
Building Team Awards | May 26, 2016
Cimpress office complex built during historically brutal Massachusetts winter
Lean construction techniques were used to build 275 Wyman Street during a winter that brought more than 100 inches of snow to suburban Boston.
Building Team Awards | May 25, 2016
New health center campus provides affordable care for thousands of Northern Californians
The 38,000-sf, two-level John & Susan Sobrato Campus in Palo Alto is expected to serve 25,000 patients a year by the end of the decade.
Building Team Awards | May 24, 2016
Los Angeles bus depot squeezes the most from a tight site
The Building Team for the MTA Division 13 Bus Operations and Maintenance Facility fit 12 acres’ worth of programming in a multi-level structure on a 4.8-acre site.
Building Team Awards | May 23, 2016
'Greenest ballpark' proves a winner for St. Paul Saints
Solar arrays, a public art courtyard, and a picnic-friendly “park within a park" make the 7,210-seat CHS Field the first ballpark to meet Minnesota sustainable building standards.
Building Team Awards | May 19, 2016
Chinatown library unites and serves two emerging Chicago neighborhoods
The 16,000-sf, pebble-shaped Chinatown Branch Library was built at the intersection of new and old Chinatown neighborhoods. The goal is for the building to unite the communities and serve as a catalyst for the developing area.
Building Team Awards | May 19, 2016
NYC subway station lights the way for 300,000 riders a day
Fulton Center, which handles 85% of the riders coming to Lower Manhattan, is like no other station in the city’s vast underground transit web—and that’s a good thing.
Market Data | May 17, 2016
Modest growth for AIA’s Architecture Billings Index in April
The American Institute of Architects reported the April ABI score was 50.6, down from the mark of 51.9 in the previous month. This score still reflects an increase in design services.
Retail Centers | May 10, 2016
5 factors guiding restaurant design
Restaurants are more than just places to eat. They are comprising town centers and playing into the future of brick-and-mortar retail.
AEC Tech | May 9, 2016
Is the nation’s grand tech boom really an innovation funk?
Despite popular belief, the country is not in a great age of technological and digital innovation, at least when compared to the last great innovation era (1870-1970).
Big Data | May 5, 2016
Demand for data integration technologies for buildings is expected to soar over the next decade
A Navigant Research report takes a deeper dive to examine where demand will be strongest by region and building type.