by Bennett Coleman
Avoiding Claims & Disputes: It’s the People
Large construction projects are risky, and when they end with claims or disputes, the blame is usually placed on unfair contracts, planning or estimating errors, design deficiencies, unforeseeable delays, poor productivity, or other process or technical factors. These are simply indications of the real root cause: the project management capability of the companies working together on the...
by Bennett Coleman
Fire Rebuilds Stoke Flames of Claims if Not Handled Appropriately
Today’s refining, chemical, petrochemical, and heavy industrial facilities process and utilize hazardous chemicals, and despite the best laid plans and procedures, accidents do happen. Accidents could range from fires to explosions, resulting in chemical releases and damage to equipment and the facility, hopefully with minimal or no injury to personnel. Insurance is often called upon to...
by Bennett Coleman
In Construction Claims, A Picture is Worth More Than a Thousand Words
“A picture is worth a thousand words” is an old proverb that suggests complex stories can be described by just a single picture. The same is true with respect to proving construction claims, where one visual or graphic can be more persuasive and influential than a thousand words. Construction is a complex and risky process requiring extensive planning, engineering, procurement, and...
by Bennett Coleman
Keeping Proposal Promises from Becoming Contractual Obligations
Contractor’s proposals are often the first step in a courtship between owners and contractors. Initially, everyone is optimistic for a successful outcome. The honeymoon period may last the entire project and culminate in a project that is delivered on-time and on-schedule. However, in today’s overheated construction environment, costs may rise, labor may become scarce, engineering may be late...
by Bennett Coleman
Effective Use of Experts in Mediation
There is an ongoing debate as to whether or not it is advisable to use experts in mediation. In many cases that go to mediation, the issues in dispute are often relatively simple, strictly fact-based, and do not require damage calculations. In such cases, experts are often not required. This is generally not the case in the engineering and construction industry. Issues and disputes that occur...
by Bennett Coleman
When Profits Are at Stake – Increase Your Ability to Persuade
Communicating Effectively Few things are as important as the ability to communicate effectively, particularly in construction claim negotiations and litigation. Disputes in the construction arena often involve technical information and damages, especially if indirect damages are incurred, such as productivity losses or delay costs. The party who incurred the damages needs to be able to...
by Bennett Coleman
Negotiation: Working It Out
Negotiation is a process for satisfying needs. People negotiate daily in various situations. Individuals negotiate with others for everything from the cost of a car to the choice of restaurant for dinner. Negotiation is a form of cooperation and leads to compromises acceptable to both sides, bringing business projects to fruition. Many individuals become particularly skilled in negotiation...
by Bennett Coleman