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An Owner's Role in Dispute Avoidance & Resolution

by Michael T. Callahan, Wagner-Hohns-Inglis-Inc, Leawood, KS, USA,



Document Type: Proceeding Paper

Part of: Avoiding Contract Disputes

Abstract:

Construction disputes can be avoided in number and severity through education of the project team. This paper will identify a variety of ways an owner can avoid disputes, pinpointing reasons. Initially, a successful project will require a great deal of owner involvement, from beginning to end. Additionally, an owner must: (a) help the designer and contractor avoid errors and mistakes that may cause disputes; (b) give the contractor sufficient time to bid the project as well as plan and schedule the project; (c) eliminate extraordinary or special contract language that creates special contract risks; (d) review the contractor's books and records for all claims, and (e) reduce the impact of an avoidable claim by expeditiously attempting to resolve the claim request. Claim resolution is also reviewed. The best time for successful dispute resolution is 'as disputes occur. '

Subject Headings: Dispute resolution | Contracts and subcontracts | Claims | Project management | Owners | Construction management | Building codes

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