The Realities Of Resolving Conflicts During Construction ? Synopsis

In a well-written set of contract documents, the probability of conflicts arising during the course of construction is minimized. However, no matter how complete may be the technical language in the contract plans and specifications, the possibility always exists that conditions may be found in the field that were not anticipated at the time the design was formulated. In foundation engineering work, this is commonly referred to as "differing site conditions." When such a conflict arises in the field, the most expedient manner of resolution would be for the parties to the contract to meet and to amicably resolve the issues rather than use the long and costly adversarial approach of the litigation system currently prevalent in the United States. This rapid solution to the construction conflict can be accomplished through an alternate dispute resolution technique that includes mandatory discussion, mediation and arbitration to be initiated immediately following the inception of the dispute and to be concluded in not more than 100 calendar days from the time the dispute originated.