Change Orders, Defective Work, and Unforeseen Site Conditions: Proven Strategies for Contract Management and Resolving Claims to Prevent Going to Court

February 22, 2024 12:00pm

Robert Pattison, BA, JD
Senior Vice President, Commercial Resolutions
Infrastructure Ontario

Leanna Olson
Senior Legal Counsel
Graham

Jennifer Brusse
Lawyer
Jennifer Brusse Law

Avoiding costly legal battles is a paramount concern for construction professionals. While litigation is always an option, the best approach is to minimize the need for it in the first place. In this session, constructions leaders delve into strategies for proactive contract management and dispute resolution on the ground. Topics of discussion include:

  • Appreciating the role of effective communication and the importance of clear communication, documentation, and record-keeping in preventing disputes and protecting the interests of all stakeholders
  • Streamlining the change order process to handle scope modifications efficiently, reducing disputes and keeping projects on track
  • Exploring methods for ensuring work meets quality standards, detecting subpar work early, and implementing strategies to rectify issues without resorting to litigation
  • Discussing how to deal with unexpected site conditions, such as geological surprises or environmental challenges, without disrupting the project timeline or incurring substantial costs
  • Appreciating when the claim cannot be resolved and must be escalated to legal counsel