How to Reduce Construction Claims through Mediation

by Donald R. Goodkind, Sr. Vice Pres.; Hill International, Inc., Los Angeles, Calif.,

Serial Information: Civil Engineering—ASCE, 1982, Vol. 52, Issue 3, Pg. 52-53

Document Type: Feature article

Abstract: Ever-increasing costs of claims lead owners and contractors to turn to mediation as an alternative to litigation or arbitration. As a first step, recognize the risk of claims, and establish the cost and time objectives of a project at the outset. This way, each decision regarding disputes can be measured against the impact on the project. Set time limits on the design project and work for mutual agreements, instead of establishing guilt when there is a dispute. A mechanism to appoint a mediator acceptable to all parties involved on a project should be written into the contract. A case study is presented.

Subject Headings: Arbitration | Case studies | Claims | Construction management | Contract management | Contracts

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