Contract Disputes

The Penguin Modern Dictionary of Modern Humorous Quotations contains the following with respect to the word "contract":

A verbal agreement isn't worth the paper it's written on. - Louis B. Mayer (Attrib.)

Contract: an agreement that is binding only on the weaker party. - Frederick Sawyer.

JDE’s special area of expertise is the provision of solutions for construction contract disputes. With the construction industry becoming evermore competitive, with the contractor’s fees and designer’s fees being reduced by the marketplace, construction claims have become an inevitable part of the landscape. Surprisingly, JDE has found that very few contractors or owners have programs in place to mitigate or even deal with such matters.

A claim is defined as "A demand for something considered as one’s due". In the construction industry, it may be defined as an unsolicited request for additional compensation by a contractor. In many cases, following negotiation between the parties the "claim" will either give rise to a payment to the contractor, or the contractor will withdraw the request. The claim connotation does not normally attach to the request until failure of the first round of negotiations. In the construction industry, most claims arise from schedule delays and subsequent acceleration of the work, or from issues relating to labour and equipment productivity.

Most small claims will normally be settled by the parties themselves if the claim is deemed to have some merit. For larger claims if the contractor believes there is merit, one should expect that the claim will be pursued. The question then, of course, is does the claim really have merit, and, if so, what is the claim really worth? JDE’s expertise in assisting in the resolution and prevention of contract disputes can take many forms:

Construction Claims

Claim preparation
Claim analysis
Evaluation of contract time extensions
Claims identification and management programs

Alternative Dispute Resolution

Arbitration

Mediation

Project referee and neutral evaluations

Design of alternative dispute resolution procedures

Expert witness testimony

Litigation Support and Exhibit Preparation

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