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
| 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.
| Aug 11, 2010
Great Solutions: Collaboration
9. HOK Takes Videoconferencing to A New Level with its Advanced Collaboration Rooms To help foster collaboration among its 2,212 employees while cutting travel time, expenses, and carbon emissions traveling between its 24 office locations, HOK is fitting out its major offices with prototype videoconferencing rooms that are like no other in the U.
| Aug 11, 2010
2009 Judging Panel
A Matthew H. Johnson, PE Associate Principal Simpson Gumpertz & HegerWaltham, Mass. B K. Nam Shiu, SE, PEVP Walker Restoration Consultants Elgin, Ill. C David P. Callan, PE, CEM, LEED APSVPEnvironmental Systems DesignChicago D Ken Osmun, PA, DBIA, LEED AP Group President, ConstructionWight & Company Darien, Ill.
| Aug 11, 2010
Inspiring Offices: Office Design That Drives Creativity
Office design has always been linked to productivity—how many workers can be reasonably squeezed into a given space—but why isn’t it more frequently linked to creativity? “In general, I don’t think enough people link the design of space to business outcome,” says Janice Linster, partner with the Minneapolis design firm Studio Hive.