Before a disagreement turns into expensive litigation, mediation can provide a structured way for owners, architects, consultants and contractors to resolve construction disputes and keep the project moving.
In this episode of What the RFI?, I break down mediation in construction, how the process works, how to prepare for mediation and why good Construction Administration can help prevent disputes from escalating in the first place.
Construction projects involve contracts, money, schedules, design decisions, changes, RFIs and multiple parties with different responsibilities. When communication breaks down or disagreements aren't resolved quickly, relatively small issues can become major construction disputes.
Topics covered include:
• What is mediation in construction?
• How construction mediation works
• Construction dispute resolution
• Mediation vs. litigation
• Preparing for construction mediation
• The role of the mediator
• Keeping emotion out of construction disputes
• Reviewing the facts and Contract Documents
• Construction claims and disagreements
• RFIs and unresolved project issues
• Change Orders and construction disputes
• Grouping and resolving outstanding changes
• Communication between owners, architects and contractors
• The cost of mediation compared with litigation
• What happens if mediation fails?
• How good Construction Administration can prevent disputes
• Documenting decisions during construction
• Resolving problems before they escalate
One of the most important parts of dispute resolution is preparation.
Know the facts.
Understand the Contract Documents.
Have the supporting documentation.
Know what outcome you're trying to achieve.
And recognize that resolving a dispute doesn't always mean one side gets everything it wants.
Construction Administration plays an important role long before mediation becomes necessary. Clear communication, timely responses, good documentation and properly managing RFIs, changes and project decisions can prevent many disagreements from becoming major disputes.
Whether you're an architect, engineer, consultant, contractor, owner, project manager or Construction Administrator, understanding construction dispute resolution is an important part of managing risk during a project.
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Practical Construction Administration education for architects, engineers, consultants, contractors, owners and project managers.
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What the RFI? — The Construction Administration Podcast
Practical guidance for architects, engineers, consultants, contractors, owners, and project managers navigating construction administration.