RISK OF PROJECT CONFLICT

 

Answers to the following and similar questions will indicate the probability of disputes that will increase the risk of cost and schedule overruns.

 

The owner’s project management organization

  • Are they able to get along with the contractor’s personnel to get the work completed as specified without significant disputes?

The contract documents

  • Do the owner’s and contractor’s teams have experience with the type of contract?
  • Do the technical specifications require state-of-the-art methods or materials?
  • Are the plans and specifications complete or will they be completed after award of construction?
  • Are there un-tried provisions that could be problematic?
  • Are risks fairly identified and allocated?
  • Are the contractual requirements reasonable, or might the contractor consider them difficult or beyond the current state-of-the-art?

The contractor

  • Has the owner worked with the contractor before?
  • Is the contractor familiar with local conditions, labor markets, etc.?
  • Is the contractor experienced and capable in the type and complexity of work?

The work

  • Is the project exceptionally large or are there internal milestones that could be hard to meet?
  • Is the project adequately funded with adequate budget for changes?
  • Is the design exceptionally complex or difficult to execute?
  • Does the project have features that are unique, requiring innovative construction methods?
  • Are there risks of differing site conditions?
  • Does the owner have unusual operational requirements that must be accommodated while the work is underway?

The Dispute Resolution Board Foundation

Texas Chapter

Fostering Common Sense Dispute Resolution in Texas

Text Box: DRB