Owners are more frequently utilizing the services of qualified claims professionals as part of their project teams to avoid, mitigate and resolve disputes on their largest programs. With these larger programs, owners are asking for upfront assistance to strategize how to assess their risk and avoid issues on their projects. With this expertise in place, they are able to take advantage of a well-thought-out strategy for avoiding, mitigating and resolving disputes throughout the lifecycle of their programs.
Moving forward in the year 2020, the construction industry will be dealing with the impacts of COVID-19 on all types of projects. There will be numerous considerations and issues that will need to be resolved for projects that are affected by the pandemic, with different areas of North America experiencing the impacts differently. One issue that has already shown to be prevalent is the interpretation of force majeure and suspension clauses in contracts. The interpretation of these clauses and how project participants react to them will be a primary driver in whether or not a dispute evolves.
North America will continue to have large programs with more complex technical disputes. The impacts of COVID-19 will complicate projects moving forward. Contractors and owners recognize this and understand that the construction industry will be vastly different in 2020 than it has been in the past. In early 2020, the focus of the industry has been addressing the technical and contractual implications of COVID-19. Looking ahead (and as proven in the past), collaboration between the project participants will be essential moving forward and will be a key driver in the success of projects.