THE MOST POPULAR METHODS

for resolving disputes

2018 RANK

OVERALL MOST COMMON METHODS OF ALTERNATIVE DISPUTE RESOLUTION

2017 RANK

1

Party-to-party negotiation

1

2

Mediation

2

3

Adjudication

New in 2018

Overall, the team handled the same amount of construction disputes in 2018 as in the past two years and expect this volume will remain the same in 2019.

The most important activities in helping to avoid disputes were:

1. Contract-mandated early resolution forums such as mediation, disputes review boards, etc.

2. Owner/contractor willingness to compromise

3. Contractor transparency of cost data in support of claimed damages

Additionally, the most effective claims avoidance techniques were:

1. Risk management

2. Contract and specification reviews

3. Constructability reviews

Teams are beginning to utiLize digital tools to manage risk and resolve disputes, with the following tools used by most of the regions:

Building Information Modeling (BIM)

Project Management Information Systems (PMIS)

Digital Field Data Collection Systems