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
| Sep 18, 2012
Firestone Building Products launches new website
Deep product information and innovative customer support tools are highlights.
| Sep 13, 2012
Leo A Daly Company promotes Kraskiewicz to senior vice president
Kraskiewicz, who most recently served as chief operations officer for the Leo A Daly division, will guide brand management, business development, operations and financial performance for 18 offices worldwide.
| Sep 12, 2012
Harvesting new ways to eliminate waste at the USDA
After installing 20 high-speed, energy-efficient hand dryers in restrooms throughout the USDA headquarters; the USDA reports seeing an immediate 50% reduction in the use of paper towels.
| Sep 11, 2012
RTKL appoints Lance Hosey as Chief Sustainability Officer and Senior Vice President
Author and authority on green design to spearhead RTKL Performance-driven DesignSM initiative.
| Sep 11, 2012
McQuade appointed CEO of Tishman Construction
McQuade will focus on driving the growth of the company into new markets and expanding market share in its current areas of operation.
| Sep 10, 2012
Specialty door types—plenty of functional variety
In the MasterFormat section 08 30 00, Specialty Doors and Frames, a number of door types are listed for special functions, access locations, sliding and folding hardware, and even pressure-resistant types.
| Sep 7, 2012
7 Do's and Don'ts for PV roof rack installation
As PVs grow in popularity, nearly half of all installations require roof rack systems. Our expert tells how to do the job right and protect your client’s roof.
| Sep 7, 2012
Net-zero energy pioneers on the el-hi frontier
Getting to net-zero is not easy, but the promise of eliminating energy bills and using state-of-the-art technology as a learning lab can make a compelling case to reach for net-zero.
| Sep 7, 2012
Healthcare architects get a preview of tomorrow’s medical landscape
The topic on everyone’s mind was how the Affordable Care Act would impact healthcare design and construction––and whether the law would even make it past the coming election cycle.
| Sep 7, 2012
Suffolk awarded One Channel Center project in Boston
Firm to manage $125 million, 525,000-sf office building project.