Work with the parties to design project-wide systems for dispute prevention, control, and resolution, and
Guide the project through the complex legal relationships between the parties.
Project Alliancing. The project is structured to align the commercial interests of all the parties, so that they share risks and rewards equitably. Alliancing provides incentives to the parties to work cooperatively and openly, to perform well—even exceptionally, and to align attitudinal objectives to create mutual commitment, trust, openness, flexibility, and teamwork.
There are many techniques and approaches to preventing, controlling, and resolving disputes. Because problems and potential disputes can occur in many different ways and at different times during a construction relationship, no one size of dispute resolution mechanism fits all problems and disputes. Therefore, at the beginning of a construction relationship, the most successful approach is to acknowledge that problems and disputes will occur, anticipate the kinds of problems and disputes that are most likely to occur, and design a system of techniques, controls, filters, and devices that will ensure the prompt, realistic resolution of disputes before they fester and grow into serious problems. A typical “stepped” approach would be for the parties to design a system that will (1) establish a cooperative project environment, (2) set up controls that will minimize the frequency and severity of problems, and (3) establish real time or jobsite techniques designed to get disputes resolved during construction. In the unlikely event that these techniques do not resolve all problems, provide for a “backstop” combination of mediation and, as the final resort, arbitration before expert construction industry arbitrators.