What’s the best
way to deal with
a construction
dispute?
Litigation is time consuming and expensive, and
companies have looked for alternatives — including
arm wrestling — for decades. Nowhere is this more
apparent than in construction, where a need to preserve
long-standing relationships encourages parties to include
alternate dispute resolution clauses in their contracts and
experiment with different contracting models. This creativity is
commendable, but doesn’t always succeed in avoiding, diffusing or resolving disputes.
Options include party-to-party negotiation, mediation, arbitration, adjudication
or a combination.
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Construction disputes
Alternate dispute resolution
Regardless of your approach, the key to success is
Trish Morrison
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Understanding collaborative contracts: Four common contract types and challenges for consideration
Finding the
right tool for the
job: Resolving construction disputes with mediation or arbitration
Resolving disputes on
public infrastructure projects
PMorrison@blg.com
T 403.232.9472
Partner
DBambrough@blg.com
T 416.367.6008
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Denise Bambrough
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Simon Grégoire
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Ignorance is not bliss. Existing privacy and human rights laws in Canada already govern AI to a certain extent. Bill C-27, which has not yet been adopted, contains the Artificial Intelligence and Data Act (AIDA) — a robust legislative response to the ethical and privacy concerns that arise when decisions are automated using machine learning. With the EU, Canada is one of the first countries to table laws to govern AI.
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This pledge will have real impacts on business as usual at home. Legislative changes, stricter reporting, penalties and incentives — particularly tax credits — will affect every business, from big banks to the corner store.
Decisions are handed down by adjudicators, project referees or project dispute boards.
Agreements
reached through
these approaches
may not be binding.
Contractors are involved in the preconstruction phase to help develop pricing, scope and contract terms, which may include a clause
that disallows disputes.
This model is popular in more litigious jurisdictions like the U.S. but is becoming more common in Canada.
Collaborative contracting
to involve an external advisor — one with substantial experience in construction disputes — early in your project.
They’ll help you make the best business decisions regarding your project delivery model and draft a high-quality agreement with problem-solving options that are appropriate, creative and preserve relationships.
Here is a review of two options and our top recommendation for making them more successful.
Mitigation and system monitoring
for high-impact systems (regarding potential harm or biased output)
2
/ 5
Risk assessment to determine if the system is “high-impact”
1
/ 5
Alternate dispute resolution
Agreements reached through these approaches may not be binding.
3
/ 3
Decisions are handed down by adjudicators, project referees or project dispute boards.
2
/ 3
Options include party-to-party negotiation, mediation, arbitration, adjudication or
a combination.
1
/ 3
to involve an external advisor — one with substantial experience in construction disputes — early in your project.
Understanding collaborative contracts:
Four common contract types and challenges for consideration
Four common contract types and challenges for consideration
