"Where did it all go wrong?" If you've been in the construction
business a while, you may have asked yourself this question when a claim by a
project owner or some other party lands on your desk. Although there's probably
no way to completely eliminate the risk of this happening, you can lessen the
likelihood of claims by focusing on their most common triggers. Let's take a
look at a few.
Design issues
Inaccurate or incomplete design documents can lead to errors
during construction, resulting in rework, delays and cost overruns. It's
important to conduct comprehensive design reviews before construction begins,
which can be a challenging task.
To save time and money, or to meet federal funding deadlines,
project owners may allow construction to proceed before the design, or due
diligence regarding that design, is complete. For example, as ground is broken,
an owner might not yet have established all necessary rights of way or secured
all required licenses. This can lead to design deficiencies, scope changes and
compliance delays.
One way to streamline design approval is to leverage cloud-based
project management software to ensure everyone is on the same page and all
boxes are checked. Be sure to communicate proactively during the
preconstruction phase as well.
Scope creep
Once work begins, watch out for the dreaded "scope creep." This
is when a project's scope, as defined under the contract, begins to gradually
expand. Sometimes it's because of last-minute design changes, other times
because the owner wants work to be done in a certain way.
Whatever the reason, it can lead to additional costs, delays and
disagreements. Early identification of potential deviations in scope or
inevitable changes can help mitigate these issues.
Also critical is developing a sound process for getting extra
work approved and billed for as quickly as possible. Clearly communicate your
company's policies and procedures regarding change orders to project owners.
Doing this alone can often keep overly involved owners in check.
Disruptions or delays
Unforeseen site conditions, bad weather, labor disputes and
sluggish supply chains can lead to claims for unreasonably slow work or
unacceptably high costs. To minimize disruptions or delays, engage in careful
preconstruction planning, mindful staffing and realistic scheduling. In
addition, put contingency plans in place.
Beyond that, invest in finding, training and retaining skilled
project managers who can implement industry best practices. Having the right
people on the ground can prevent minor annoyances from turning into major
crises.
Substandard work
Perhaps the most obvious reason to incur a claim is because of a
construction defect or substandard work. Either can lead to claims for repair
costs, rework or property damage.
To prevent such problems, which can hurt your company's
reputation, conduct formal inspections as well as regular quality control
checks. Proper training and supervision of personnel also help ensure
compliance with specifications and applicable building codes.
Contract/payment disputes
Disagreements over contractual obligations, payment terms or
nonperformance can result in claims for breach of contract, delays or cost
overruns.
If necessary, work with an attorney to ensure your contracts
clearly define scope, responsibilities, deliverables, milestones, payment
schedules and change orders. To help avoid litigation, many of today's
contracts also include language regarding dispute resolution methods such as
mediation or arbitration.
In addition, maintain accurate documentation — including daily
logs, progress reports, communication records and support for change orders.
Safety-related incidents
As you're no doubt aware, among the biggest drivers of costly
construction claims are inadequate safety practices and failure to comply with
safety regulations. Such shortcomings can lead to high workers' compensation
premiums, fines, hefty legal bills and expensive settlements.
Establish a company culture that focuses on and celebrates safe
building practices. Be sure to regularly provide up-to-date, comprehensive
safety training.
Constant awareness
Construction claims tend to arise when you least expect them.
Your best bet is to maintain a constant awareness of the wide range of threats
that most commonly affect the types and locations of your projects. We can help
you analyze the financial impact of past claims, as well as identify and budget
for solid risk management practices.