Construction disputes may involve schedule and delay issues, scope and change orders, defects and remediation, payment applications, and coordination among contractors, owners, and other project participants. These matters often require practical solutions that address both contractual obligations and on-site realities.
How Mediation Helps In This Context
Participants often address issues such as schedule and sequencing, scope and change orders, remediation and completion steps, and payment timing, and may organize these items in a practical sequence so progress can continue while disputes are resolved. Payment timing and related rights, such as lien or bond considerations, can be aligned with agreed steps to support implementation. In many cases, disputes are closely tied to sequencing, scheduling, and performance in an active project environment, and addressing those elements in practical terms often supports continued progress while issues are resolved.
Common Issues
- Schedule and delay claims
- Change orders and extras
- Defects, remediation, and punch lists
- Payment applications and liens
Some Considerations For Counsel Preparing For Mediation
- Identify key steps with responsible parties and timing, such as schedule milestones, remediation items, or coordination points
- Consider tying payments to verified milestones or other agreed deliverables
- Identify financing, lien, or bond constraints early