Dispute Resolutionby Richard K. Allen, Lawyer; Gadsby & Hannah, Boston, MA,
No matter how responsible the consulting engineer, certain disputes will arise that are simply unavoidable. The consulting engineer interacts with a number of parties, including owners, contractors, subcontractors, and suppliers. As previously discussed, all have competing interests bound by interdependent contractual rights and obligations. It is not uncommon for at least one party to take an uncompromising position that forces the remaining parties into more formalized means of dispute resolution. The consulting engineer must first recognize the unavoidable dispute from those disputes that can either be avoided or quickly negotiated. Once identified as unavoidable, the engineer must take certain steps, the first of which involves insurance.
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