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


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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