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If negotiations are stalled and litigation appears to be the only solution, follow these steps:


Re-evaluate your claim to determine if your demand is realistic. Research and prepare any new facts, explanations, or support. Advise opposition parties of new figures, facts, or other relevant information, and request further discussions based on the new information.

New Claim Review

Ask for a new claim evaluation by an unbiased claim administrator or review team. Be specific about why you want a change. Emphasize your intent to negotiate in good faith.


Request a senior management meeting between the two parties in dispute. Have senior management meet to exchange viewpoints and to ascertain if any measures could or should be taken in order to settle the dispute without litigation. Senior management should be thoroughly briefed about the issues under discussion, the amounts claimed or counterclaimed, and the potential costs and chances for success during litigation.


Have a mediator/third party meet with both sides to foster an objective approach to the conflict. The mediator will endeavor to learn the real issues, the impacts, and the objectives of the parties. Attempt to facilitate communication in an effort to reach an amicable settlement.

Prepare Support

If you must proceed to litigation, do so with a case that is accurate and can be supported. Be sure that you follow any special requirements of your contract, such as written notices within certain deadlines, arbitration requirements, and other contractual guidelines. If you proceed to litigation with a claim that should be settled or addressed under a different venue, or without contractually required notices, your proceeding could be stalled, circumvented, or defeated before the issues are given any appropriate consideration.

Disclaimer: This article is intended to be a source of general information on a specific construction-related topic. Its content should not be construed as legal advice. If you are seeking legal advice, please consult with professional legal counsel. For assistance in assessing a specific construction-related problem, please contact Interface Consulting directly.