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(OWN-2140) Early Warning Signs of Construction Claims and Disputes

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Primary Author: James G. Zack, Jr. CFCC FAACE Hon. Life
Audience Focus: Advanced
Application Type: Practice
Venue: 2016 AACE International Annual Meeting, Toronto, ON, Canada

Abstract: It is axiomatic that claims and disputes on projects do not appear out of nowhere. Experience indicates that when a dispute occurs, there is a history of events, decisions, lack of decisions, etc. that can be traced back from a few weeks to several years. These are early warning signs of claims and disputes. Typically, it is when claims are filed at the end of a project that attorneys and claims consultants review project documentation and interview the project team in order identify such early warnings. This paper lists numerous "early warning signs" of disputes. There is little literature setting forth a detailed list of early warning signs of claims and disputes. Based on the collective observations of numerous construction claims consultants the author collated these early warning signs into typical project phases. The paper also identifies which party should watch for which early warning sign and what sort of claim or dispute may arise.