How to avoid litigation

Increasingly over the past decade, more construction industry organizations have created or defended claims related to project performance. This article explains how these types of organizations can avoid project-related litigation via the project's contract documentation. In doing so, it lists nine causes of construction-related claims and four attributes common to these types of claims; it identifies one factor that often leads to construction projects culminating in litigation. It describes the litigation complaints common to both client's and contractors. It then outlines a process for effectively developing a construction contract's documentation, detailing ten ways to improve contract documentation. It discusses why lawyers should develop a construction project's contract documentation. It also looks at the three primary components--and two main issues--that affect the development of construction project contracts.
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