Disputes & Claims, Alt. Dispute Res'n, Defective Docs & changes Flashcards
What are some results of disputes?
Delays
Loss of quality
Legal expenses
Bad will
Loss of reputation
What are some typical causes of disputes?
Scope changes
Vague language
Misunderstandings
Project complexity
Litigation definition:
Process of taking legal action
List steps of how problems turn into litigations.
Problems
Disagreements
Disputes
Conflict
Litigation
Things to do to prevent disputes
Leadership and relationship building
Clear communication of objectives
Effective communication
What are some dispute resolution techniques?
Step negotiations
Standing neutral
Neutral expert
What are some conflict resolution techniques?
Advisory opinion
Mediation
Mini trial
Arbitration
Arbitration definition:
Use of arbitrator to settle a dispute
What are the controlled escalation steps for resolving disputes on jobsite?
Negotiation
Step negotiation
Dispute review board
What happens when disputes leave jobsite?
Lawyers get involved
Parties become entrenched in their positions
Effort to resolve escalates
Additional resources required
Common options for resolving disputes off the jobsite are:
Mediation
Arbitration
Trial
Mediation is:
use of neutral third party to resolve a dispute
In regards to scheduling with contract management, these should be paid attention to:
- Contract should indicate who is responsible for schedule prep, maintenance, and administration
- Conduct a timely review and approve “as planned” schedule
- Know what contract terms affect the schedule, such as “no damage for delay”
What are some contractual clauses that cause disputes?
Work scope def’ns
Changes
Controls (monitor & approve project performance, payment, schedule)
What are some things to do to avoid disputes?
Avoid vague language
Negotiate changes
avoid no damage for delays clauses
Include DSC clauses
