There has never been a construction
project without disputes. Fortunately,
most disputes get resolved without
lawyers, courts, or arbitration. Sometimes,
however, the problem is too
big, or one of the parties is too unreasonable
to come to the negotiation
table. When this happens, the legal
and court costs can be considerable,
and in the end the parties often wish
they had settled earlier. This article
describes the different arrangements
contractors and owners can use to
negotiate settlements to construction
disputes before they reach the courtroom
or arbitration table.
Why Settle Out of Court?
In construction more than almost
any other area, a negotiated settlement
usually produces a much better
outcome than one decided in the
courts. This is because construction
disputes have