Construction Disputes and Litigation
Disputes are a part of almost every construction, infrastructure and capital improvements project. Project owners face important schedule deadlines and budget constraints from investors, lenders and governmental authorities, such as utility commissions and environmental agencies. On the other hand, contractors' bids are based on several important assumptions, including complete and accurate design documents, labor availability, historical labor productivity rates, site conditions, site access, and weather. In addition, competition for work often forces contractors to reduce their profit margins to minimal levels. As a result, time and money are at a substantial premium for both owners and contractors, and neither party can tolerate any real changes in the planned schedule or scope of work without being compensated.
Unfortunately, delays are unavoidable, factors like labor availability and productivity, site conditions and weather are unpredictable, and design documents are rarely perfect. Determining responsibility for delays, changes and other problems in the context of a large, complex construction project can be extremely difficult for even the most experienced owners and contractors. In addition, the resolution of disputes is often postponed until after project completion - as parties often focus all of their available resources on completing the work, while others believe that they will simply "horse-trade" competing claims when the project is completed. By the end of a project, however, owners and contractors generally grow more entrenched in their respective positions, and the key personnel who have the necessary background and project knowledge have often moved on to other projects or employers. All of this makes the amicable resolution of construction disputes extremely difficult.
In situations where arbitration and litigation cannot be avoided, the attorneys at Glassberg & Doganiero have a wide range of experience in mediating, arbitrating, and litigating all types of construction disputes to a full and final resolution. For a summary of Glassberg & Doganiero's construction mediation, arbitration and litigation experience, please visit the profile for Attorney Doganiero.
Construction Project Counseling
While problems and disputes on a construction project may be unavoidable, we believe that construction-related lawsuits can and should be avoided. We think that anyone who has suffered through the prolonged uncertainty, expense and drain on key resources associated with the litigation of a construction dispute would agree that it is a good idea to plan for and invest in a program designed to avoid construction litigation.
For this reason, Attorney Doganiero has devoted a substantial portion of his practice to an initiative called Project Counseling. Under this initiative, Attorney Doganiero works closely with owners or contractors from contract negotiation through project completion. Project Counseling is designed to ensure contract compliance, maintain appropriate cost and schedule controls, identify risks, and properly preserve and pursue available rights and remedies. More importantly, Project Counseling allows Attorney Doganiero to lend his experience to the evaluation, preparation and resolution of claims as they arise on the project - when all key personnel and resources are available and committed to the project. In our experience, this commitment to addressing and resolving commercial issues during the project results in the timely resolution of claims and allows the project to move forward with predictability and certainty as to the cost and time for completion.
Project Counseling has been employed effectively by proactive owners and experienced contractors on important construction projects throughout the United States. References are available to potential clients who are interested in implementing the Project Counseling program.
Please contact Attorney Doganiero to learn more about this important and emerging initiative.