Dispute Resolution for Construction Projects: Assessing Improvements to the Process and Determining Which Method is Right for You

February 26, 2021 10:45am

Jesse Gardner
Singleton Urquhart Reynolds Vogel LLP

Ian Marshall
Vice President, Commercial & Legal
Bot Construction Group

Jay Nathwani
Senior Legal Counsel
Crosslinx Transit Solutions Constructors

Lorna Tardif

Construction projects are complex and multi-faceted endeavors involving many parties with individual needs and interests, resulting in a greater likelihood that disputes will arise. Identifying common construction disputes and working to avoid them must constitute an essential part of each party’s risk management plan.

Join our panel of experts for an engaging discussion on:

  • The importance of getting the contract right before it is entered into. Contract terms: scope, time, quality, cost, risk, role of the engineer/consultant, and dispute resolution
  • What are your dispute resolution options under your contract? Should you consider mediation or arbitration instead, and why?
  • How to clearly establish expectations and responsibilities at the outset of a project by striking a balance in priorities
  • Adequately defining project scope with the intention of avoiding cost overruns and disputes
  • Maximizing your awareness and preparedness for potential setbacks at every stage of the project
  • Anticipating potential disputes and strategizing means of deterring and resolving them
  • Cost-effective dispute resolution: what are the options? Adjudication, expert determination, dispute boards
  • What is the “best” method of resolution of construction disputes? Time, cost, quality of outcome and proportionality; the role of evidence and procedure
  • Understanding and navigating dilemmas at the core of disputes
  • Litigating construction disputes post-COVID
    • Expedited mechanisms to achieve resolution of COVID disputes, dispute review boards, adjudication arbitration, and litigation.
    • Digitization of the courts and virtual arbitration proceedings lessons learned and future changes: witness examination, displaying of documents, etc.

***At the end this session, we will open the floor to questions. Please send questions in advance to Parvaneh at [email protected]