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Avoiding Disputes: The Construction Manager's View

by John R. Stone, Schear Associates Inc, Clearwater, FL, USA,



Document Type: Proceeding Paper

Part of: Avoiding Contract Disputes

Abstract:

Avoiding and minimizing contract disputes, from the construction manager's (CM) point of view, begins during the preliminary planning and design stages and continues throughout the project's duration. The CM, as a professional consultant, may provide valuable services to the owner in six major functional areas: cost management, scheduling, design review, bid packaging, onsite management, and claims management. Based on the fact that claims are inevitable, a claims management program should be established in a project's early stages. Claims management may consist of phases associated with claims avoidance, mitigation, and resolution. The combined effect of a well-organized claims management program and the establishment of a cooperative atmosphere in dealing with contractors may provide the owner with a higher probability of success in obtaining a quality product on schedule and within budget.

Subject Headings: Construction management | Claims | Contracts and subcontracts | Dispute resolution | Scheduling | Owners | Quality control

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