Resolving Construction Disputes Using Alternative Dispute Resolution

Why Should You Attend:

Construction industry disputes are common and the amounts in dispute are frequently quite high. Such disputes are often quite complex making it difficult to present issues clearly to non-technical triers of fact. Until the late 1980s, the traditional dispute resolution process involved negotiations, possibly mediation, followed by litigation. Although the construction industry is not typically considered to be progressive or forward thinking, with respect to disputes resolution the industry has developed a number alternative means of resolving disputes. Numerous ADR techniques have been have been developed and implemented, all with the end goal of resolving disputes without resorting to traditional, time-consuming and expensive litigation.

This webinar will discuss nearly thirty forms of ADR that are being used in the construction industry. While some are merely variations of a theme, all are different and all have advantages and disadvantages that should be considered prior to selection. The various forms of ADR will be presented in logical order following a dispute from the project site to the adjudicative forum.

Learning objectives:

• Learn more than 25 forms of alternative dispute resolution techniques available in the event of a construction dispute.
• Understand the advantages and disadvantages of each ADR technique.
• Be able to use this information in selecting an ADR technique for various dispute situations.
• Be able to employ various ADR techniques in order to avoid lengthy and expensive litigation.

Areas Covered in the Webinar:

• Learn five pre-dispute dispute resolution methods including the use of escrow bid documents; the value of an authority delegation; implementation of a dispute resolution ladder; the use of a geotechnical design summary report; and how project partnering can reduce claims.
• Explore dispute resolution methods during the initial claims and dispute phase including an Initial Decision Maker; a Standing Neutral; the value of early neutral evaluation; the use of owner review boards; the value of a Dispute Resolution Board; and the potential use of adjudication.
• Explore traditional mediation as an ADR method as well as a number of variations of mediation – Arb/Med, Med then Arb, etc.
• Be exposed to ADR techniques such as mini-trials, summary jury trials, private judging.
• Learn about arbitration and a number of variants concerning arbitration.
• Understand some ADR techniques that are available even during litigation including voluntary settlement conferences; special masters; court appointed experts; judges pro tem; and trial by reference.
• Finally, learn how many of the above ADR techniques can be combined and employed, as needed, to ensure that your project closes out in the field offices, not the courtroom.

Who Will Benefit:

• Attorneys dealing with site condition claims
• Owners and owner representatives managing capital improvement projects
• Contractor executives
• Project managers
• Project sponsors
• Project control personnel
• Construction managers and design professionals performing services during construction

Jim Zack
Senior Advisor, Ankura Construction Forum

Jim is the Senior Advisor to the recently formed Ankura Construction Forum™. The Forum strives to be the construction industry’s resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. Jim was the founder and Executive Director of the Navigant Construction Forum™. Formerly he was the Executive Director, Corporate Claims Management Group, Fluor Corporation, one of the world’s largest EPCM contractors. Prior to this Jim was Vice President of PinnacleOne and Executive Director of the PinnacleOne Institute and a Senior Construction Claims Consultant for CH2M HILL, Inc. He has, for 46 years, worked on both private and public projects throughout the U.S. and in 28 countries abroad. Jim has worked for both contractors and owners on more than 5,000 claims in his career. He a Fellow of AACE International, the Royal Institution of Chartered Surveyors and the International Guild of Project Controls. In the construction claims field, he is a recognized and published expert in mitigation, analysis and resolution or defense of construction claims and disputes. Jim is a Certified Construction Manager (CCM), a Certified Forensic Claims Consultant (CFCC), and a Project Management Professional (PMP).

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