FHWA Resource Center
CONSTRUCTION & PROJECT MANAGEMENT TEAM
Solutions
Construction Claim Technical Assistance: Working Through Differences
Problem:
Are you or your transportation delivery partners seeing an increase in disputes regarding contract requirements and actual requirements imposed during construction? Is it a directed or constructive? Are you using a claims avoidance strategy?
If any of these questions have crossed your mind, seeking technical assistance may be part of the solution!
The Construction and Project Management Technical Service Team can provide:
- Project specific technical assistance
- Claims avoidance strategies
- Coordinated group training
Project-Specific Technical Assistance:
Often an independent review of the facts resulting from a dispute will perceive situations from a new perspective. Re-assessment of entitlement may validate the current position regarding the difference. Understanding the five methods for calculating costs can aid with comparing "litigation risk" and exposure. Monitoring precedence and scrutinizing data for false claims may provide significant value.
Claims Avoidance Strategies:
Does the claims avoidance system being used include open, frequent, and continued communications, partnering concepts, prudent preparation of design and contract documents, pre-bid meetings or dispute resolution procedures? The Technical Service Team can assist and recommend ways to develop strategies and applications in a practical and meaningful approach.
Training:
New and seasoned staff alike can benefit from exposure to a coordinated curriculum such as National Highway Institute's Avoiding and Managing Highway Contract Claims. This training is tailored to the State Highway Agency's specifications, laws and case history, driving home relevant information, for the participants.
Working through the differences strategically can reduce or eliminate claims and save money.
For more information, contact:
Mary Lou Masko, FHWA Resource Center
Phone: (404) 562-3920
E-mail: marylou.masko@fhwa.dot.gov
FHWA Publication No: FHWA-RC-BAL-04-0015
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