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Description
Resolution of Construction Claims & Disputes Using Alternative Dispute Resolution
Construction industry claims and disputes are common and the amounts in dispute are frequently quite high. Such disputes are often quite complex, making it difficult to present issues clearly to non-technical triers of fact. Until the late 1980s, the traditional dispute resolution process involved negotiations, followed by either arbitration or litigation. Although the construction industry is not typically considered to be progressive or forward thinking, with respect to claims and dispute resolution the industry has developed a number of alternative means to resolve disputes. Numerous Alternative Dispute Resolution (ADR) techniques have been developed and implemented, all with the end goal of resolving claims and disputes without resorting to traditional, time consuming and expensive arbitration or litigation.
This webinar identifies thirty forms of ADR that are being used in the construction industry today. While some are merely variations of a theme, all are different and all have advantages and disadvantages that should be considered prior to selection. The various forms of ADR are presented in logical order following a dispute from the project site to the adjudicative forum.
Learning Objectives
- Be exposed to some 30 different forms of Alternative Dispute Resolution that may be employed to resolve claims and avoid or minimize legal disputes.
- Understand what multiple ADR methods may be used during the construction phase of a project.
- Understand the multiple ADR techniques that are available beyond mediation and prior to arbitration or litigation.
- Be aware of some alternative dispute resolution techniques that may be employed during litigation.
- Be able to use the information to select an appropriate alternative dispute resolution technique for your projects.
Who Should Attend
- Owners and owner representatives managing capital improvement projects.
- Contractor executives, project managers, and project sponsors.
- Construction managers and design professionals involved in performing services during construction.
- Attorneys dealing with client construction claims and disputes.
Speaker
Jim is the Senior Advisor, at Ankura Construction Forum™. The Forum strives to be the construction industry’s resource for thought leadership and best practices on global avoidance and resolution of construction project disputes. Jim was the founder and Executive Director of the Navigant Construction Forum™. Formerly he was the Executive Director, of Corporate Claims Management Group, Fluor Corporation, one of the world’s largest EPCM contractors. Mr. Zack was previously Vice President of PinnacleOne and the Executive Director of the PinnacleOne Institute, and a Senior Construction Claims Consultant for CH2M HILL, Inc. Mr. Zack has, for 47 years, worked on both private and public projects throughout the U.S. and in 28 countries abroad. Mr. Zack is a Fellow of AACE International, the Royal Institution of Chartered Surveyors, and the Guild of Project Controls. He is a recognized and published expert in the mitigation, analysis, and resolution or defense of construction claims and disputes in the construction claims field. Mr. Zack is a Certified Construction Manager (CCM), a Certified Forensic Claims Consultant (CFCC), and a Project Management Professional (PMP). Mr. Zack is an internationally recognized author and speaker in construction claims and disputes.