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Mediation – A Process of Assisted Negotiation

“I’ll see you in court!” Those volatile words are not uncommon when conflicts arise on a construction project. But nobody really wants to be in court. There is an alternative – mediation. Construction projects require contractual interdependence between many parties and frequently the complexity and nature of those relationships lead…

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When Profits Are at Stake – Increase Your Ability to Persuade

Communicating Effectively Few things are as important as the ability to communicate effectively, particularly in construction claim negotiations and litigation. Disputes in the construction arena often involve technical information and damages, especially if indirect damages are incurred, such as productivity losses or delay costs. The party who incurred the damages…

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What Is Construction Project Management (CPM)?

The Project Management Institute (PMI) defines project management as “the art of directing and coordinating human and material resources throughout the life of a project by using modern management techniques to achieve predetermined objectives of scope, cost, time, quality, and participating objectives.” In the case of construction project management, you…

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Claim Settlement Methods

If negotiations are stalled and litigation appears to be the only solution, follow these steps: Re-evaluation Re-evaluate your claim to determine if your demand is realistic. Research and prepare any new facts, explanations, or support. Advise opposition parties of new figures, facts, or other relevant information, and request further discussions…

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Claim Settlement Negotiations

If negotiations are stalled and litigation appears to be the only solution, follow these steps: Re-evaluation Re-evaluate your claim to determine if your demand is realistic. Research and prepare any new facts, explanations, or support. Advise opposition parties of new figures, facts, or other relevant information, and request further discussions…

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No Harm – No Foul: An Equitable View on Liquidated Damages for Delay

Liquidated damages (hereafter LDs) for delay can be an emotional topic for owners and contractors, as LDs come into play when the project is delayed and not progressing according to the parties’ expectations. LDs signal a troubled project, often leading to rising tensions which unfortunately divert attention and energy away…

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Contract Disputes

The construction contract is the most critical document in a construction project, because it defines the contractor’s scope of work and compensation. It also establishes the responsibilities, liabilities, and warranties of both the contractor and the owner. As such, a contractor must carefully consider the contract language when bidding a…

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Constructive Acceleration

Constructive acceleration occurs when a delay takes place beyond a contractor’s control, and yet the owner expects the job to be completed by the original contract completion date. A contractor’s claim for constructive acceleration should meet the following criteria: The delay is a result of causes that would entitle the contractor…

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Constructive Change

Changes in the scope of work on a major project are a common occurrence in the construction industry. Contractors are accustomed to directed changes, that is, those changes ordered by the Owner or the Owner’s agent under the change order clause of a contract. However, the nature or extent of…

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