Avoiding and Resolving Disputes in Underground Construction: Successful Practices and Guidelines

Technical Committee on Contracting Practices of the Underground Technology Research Council, ASCE

American Society of Civil Engineers#ssponsored by ASCE(Construction Division) and the American Institute of Mining Engineers, New York, NY
978-0-87262-716-1 (ISBN-13) | 0-87262-716-0 (ISBN-10), 1989, Soft Cover, Pg. 72
[First Edition]
Out of Print: Not available at ASCE Bookstore.

Document Type: Book


A method of developing cooperative, problem-solving attitudes on projects through a basic risk sharing philosophy between owner and contractor is presented. Special contracting provisions and practices that have been (and are being) used successfully on over 30 projects ($1.7 billion of construction) to avoid or resolve disputes without resorting to litigation are explained. Three provisions: Geotechnical Design Summary Report (GDSR); Escrow Bid Documents (EDB); and Disputes Review Boards (DRB) are described in detail and recommended on all large or complex projects subject to potential major disputes. Inclusion of the Federal Differing Site Conditions clause and a GDSR in the contract acknowledges the contractor's right to compensation for materially different site conditions and establishes a concise geotechnical baseline to clearly identify differing site conditions. Escrowing of the contractor's bid documents provides a reliable data base for use in negotiating price adjustments associated with contract changes. Formation of a non-binding, three member DRB at the beginning of construction assures timely and equitable dispute resolution. Reported concerns are then identified and addressed and experience to date presented, together with guideline specifications for implementation.

Subject Headings: Underground construction | Dispute resolution | Construction methods | Contracts and subcontracts | Project management | Construction management | Bids | Owners


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