Mediation During Construction - To Save Time And Cost

Journal Article Title: Mediation During Construction - To Save Time And Cost
Article Author(s): Ward, Joseph S., P.E.
Volume: 2
Volume #: 1
Month: June
Year: 1985

Abstract:

To avoid longtime delays and associated costs in settling construction disputes, it is proposed that a procedure for mediation during construction be utilized in the construction industry as an alternative to the current litigation process. The mediator, selected by the owner, contractor and architect/engineer, will investigate the dispute immediately after its occurrence and will rapidly make a determination to resolve the matters between the parties while construction is still underway. This proposal has been endorsed by the Association of Soil and Foundation Engineers and is currently under consideration by the Deep Foundation Construction Industry Roundtable. Unfortunately, disputes between the owner, contractor, subcontractor, and architect/engineer arise during the course of construction due to numerous factors. These controversies are frequently concerned with failures, encountering unexpected site conditions, interpretation of the contract documents, or unilateral actions by the owner, contractor or architect/engineer, all of which have an impact on the construction process and frequently cause delays due to the absence of clear-cut resolutions of such problems.