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
Codes and Standards | Feb 2, 2015
AGC working with EPA on website to help with environmental rule compliance
The goal is for the site to be improved to make it easier for construction contractors to learn how to comply with federal and state environmental guidelines.
Multifamily Housing | Feb 2, 2015
D.C. developer sees apartment project as catalyst for modeling neighborhood after N.Y.'s popular High Line district
It’s no accident that the word “Highline” is in this project’s name. The goal is for the building to be a kind of gateway into the larger redevelopment of the surrounding neighborhood to resemble New York’s City’s trendy downtown Meatpacking District, through which runs a portion the High Line elevated park.
Sponsored | Products and Materials | Feb 2, 2015
What should you consider when reviewing paint warranties?
Warranties can appear to be the same, but as a starting point, you should find out what paint technology your warranty is based on—polyester, silicon-modified polyester or PVDF. Once you’ve established an “apples to apples” comparison with the technologies, you must consider the color palette and its impact on warranty longevity. Review this with your builder, manufacturer or paint company representative.
Healthcare Facilities | Feb 1, 2015
7 new factors shaping hospital emergency departments
A new generation of highly efficient emergency care facilities is upping the ante on patient care and convenience while helping to reposition hospital systems within their local markets.
Multifamily Housing | Jan 31, 2015
5 intriguing trends to track in the multifamily housing game
Demand for rental apartments and condos hasn’t been this strong in years, and our experts think the multifamily sector still has legs. But you have to know what developers, tenants, and buyers are looking for to have any hope of succeeding in this fast-changing market sector.
Multifamily Housing | Jan 31, 2015
20% down?!! Survey exposes how thin renters’ wallets are
A survey of more than 25,000 adults found the renters to be more burdened by debt than homeowners and severely short of emergency savings.
Multifamily Housing | Jan 31, 2015
Production builders are still shying away from rental housing
Toll Brothers, Lennar, and Trumark are among a small group of production builders to engage in construction for rental customers.
| Jan 30, 2015
Investment in nonresidential structures expands in fourth quarter
Real gross domestic product expanded 2.6% during the fourth quarter of 2014, following a 5% increase in the third quarter.
Energy Efficiency | Jan 28, 2015
An urban wind and solar energy system that may actually work
The system was designed to take advantage of a building's air flow and generate energy even if its in the middle of a city.
Multifamily Housing | Jan 27, 2015
Multifamily construction, focused on rentals, expected to slow in the coming years
New-home purchases, which recovered strongly in 2014, indicate that homeownership might finally be making a comeback.