Construction Litigation Support and Advisory Services

ADR can be considered more effective for dispute resolution than litigation, as it usually helps avoid the costs of going to court and offers the option to resolve the dispute with both sides reaching an acceptable compromise.

Arbitration is different from mediation due to the fact that arbitration is a more formal procedure with a neutral third-party presiding over the parties involved in the dispute, and making a binding decision. In mediation, a neutral third party is also present, but the mediator cannot make a binding decision.

The Multi-tier contract clause requires parties to follow a structured approach to resolve conflicts. This follows multiple steps representing the “multi-tier” aspect: attempting negotiation comes first, followed by mediation, and finally, if that fails, arbitration or litigation works as the final step.

When disputes arise from construction delays, they are often handled through a procedure called forensic schedule analysis. In this process, the planned and the actual schedules are compared to determine if the delay is excusable, non-excusable, or even concurrent.

A construction dispute is only resolved after the presence of certain documents is ensured. These documents are critical to evaluating the grounds for the dispute and reaching a solution.  These documents include the signed contract, approved change orders, project schedules, site logs, project schedules, progress photos, evidence of written correspondence, and payment records.