Reducing Construction Costs Uses of Best Dispute Resolution Practices by Project Owners: Proceedings Report (2007) / Chapter Skim
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3 Brief Review of Typical Dispute Prevention and Resolution Best Practices
3 Brief Review of Typical Dispute Prevention and Resolution Best Practices
Pages 13-18
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From page 13... ...
Our goal in this presentation is to describe a range of best practices, problem solving tools, dispute control tools and "real time" dispute resolution techniques that can be used to break this cycle and help avoid and manage disputes on construction projects. BEST PRACTICES FOR DISPUTE PREVENTION Front-end Planning.
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From page 14... ...
An informed owner will choose the appropriate delivery method at the very beginning of the planning process, perhaps before selecting the project team. Realistic Risk Allocation.
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From page 15... ...
However these reports rarely include interpretive notations to help contractors develop their bids. Where a project may encounter unanticipated geotechnical conditions, it is useful to establish, at the time of contracting, a geotechnical "baseline" of expected underground conditions, from which any changed conditions can be measured, with price adjustments at pre-agreed unit rates.
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From page 16... ...
On large projects that may involve complex legal relationships and questions, the project can be well served if all of the parties collectively select and employ an expert construction lawyer who would be the legal advisor for, and represent, the "project" as a whole, not any individual party. The tasks of project counsel would be the following: • Help the parties to select the most appropriate project delivery system, • Assure that all contracts and insurance arrangements on the project are consistent with each other and integrated, • Participate in team building processes,
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From page 17... ...
establish real time or jobsite techniques designed to get disputes resolved during construction. In the unlikely event that these techniques do not resolve all problems, provide for a "backstop" combination of mediation and, as the final resort, arbitration before expert construction industry arbitrators.
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