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Construction disputes happen. The issue is always (a) How to arrive at a fair
and equitable resolution (b) how to handle and resolve disputes quickly,
efficiently and cost-effectively? and (c) how do I prevent disputes in the first
place? Construction Dispute Resolution Service, LLC (CDRS) is a professional
dispute resolution firm that specializes only in construction-related disputes
including residential, small & large commercial and industrial construction. We
also handle disputes on horizontal construction and public works projects such
as roads, dams, bridges, tunnels, railroads, and more.
CDRS is a nationwide firm with construction dispute specialists located in every
state of the US. Our panel of Construction ADR professionals have substantial
experience in the construction industry or construction law, both directly or
indirectly, and are skilled in mediation, arbitration, dispute review boards,
settlement panels, expert services and other means of preventing and resolving
construction disputes – before, during and after construction. CDRS has
pioneered many innovative dispute resolution protocols specifically for the
construction industry.
EDUCATIONAL PROGRAMS:
Workshops: We offer educational programs for construction professionals and
related industries in how to resolve disputes quickly, efficiently and
cost-effectively. These programs that can be tailored specifically for your
organization, group, or staff. We have several workshops that provide specific,
tangible guidelines and information for employing various dispute resolution
protocols in your business or practice.
Presentations: We have a variety of presentations for luncheons and business
meetings, which provide an overview of many aspects of our workshops plus
current issues facing the construction industry. These presentations are from 25
to 90 minutes duration, with or without visuals, depending on your specific
requirements. Peter G. Merrill, CDRS President and CEO, is available for
“Keynote” presentations for large construction-related or ADR-related
conferences.
Articles: Finally, we have articles on most of the subjects listed, or we can
custom write an article suitable for insertion in newsletters, magazines and
other publications for your organization.
WORKSHOPS:
These educational programs are typically 2, 4 or 8 hour format, presented at
quarterly or annual meetings of trade, professional and/or government
associations as well as education programs sponsored by an organization.
Workshops include visual media, workbooks, training manuals, exercises and
roll-plays and are very interactive in format. Continuing Education Credits
are
available for various professions. (please inquire).
1. Never Go to Court Again: (How to handle and prevent construction disputes)
A specific means by which construction professionals can avoid litigation or
ever going to court in construction disputes. We review dispute resolution
processes for the construction industry including mediation, binding mediation,
arbitration, dispute review boards, construction settlement panels, med-arb, arb-med
and more. We cover when to use each process, which is appropriate in what
situations, and how to use them to avoid lengthy and costly litigation. Also
included are recommendations for language in contracts, subcontracts, proposals
and purchase orders that should ensure that you will never go to court again if
a dispute arises.
Suitable for:
residential,
commercial,
industrial,
public works,
attorneys
2. Dispute Review Boards & Settlement Panels: (Save Time, Money and Headaces)
When a Dispute Review Board (DRB) assists the parties in preventing a dispute
from happening, there is a definite savings not only in direct dollars and time,
but also in the mental pressures that would have occurred if the issue had
developed into a dispute. DRBs also assist the parties in settling a dispute.
CDRS has developed specific Expanded Dispute Review Boards (EDRB), coupled with
Construction Settlement Panels (CSP) when appropriate, which are much more
effective in reaching closure on disputes. EDRBs can provide “final and binding”
resolution to all disputes quickly and inexpensively without ever using the
court system. We review the s pecifics of how to specify such processes for your
projects, the rules governing the EDRB and CSP and the step-by-step process of
resolution. A must for larger projects.
Suitable for:
 residential,
commercial,
industrial,
public works,
attorneys
3. Conflict Resolution & Negotiation Skills in Construction
This workshop focuses on the personal effectiveness for the management of people
and issues in construction. In this workshop we cover the underlying causes of
conflict, including five conflict behaviors, five steps to resolving any
conflict, dealing with difficult people, fifteen barriers to effective
communication, seven steps to effective negotiation, positional and interest
based negotiation, strategies and tactics in negotiation, eight critical
mistakes in negotiation, group conflict, negotiation and consensus building.
This workshop is normally a full 8-hour course, but can be condensed to a 4-hour
session depending on which areas an organization wishes to emphasize. A truly
insightful look at the personal ‘skill mastery’ aspects of dispute resolution.
Suitable for:
residential,
commercial,
industrial,
public works,
attorneys
4. How to Prevent and Handle Large Construction Disputes.
The larger the project, the more potential for disputes to arise. We present
several resolution protocols that can be applied before, during and after
construction. Special emphasis is placed on pre-construction language that can
be incorporated in all contracts, subcontracts and purchase orders that aligns
all trades in a common dispute resolution methodology, minimizing delays and
costs. The use of Expanded Dispute Review Boards coupled with Construction
Settlement Panels is emphasized for large projects as the most efficient and
effective In-House means of controlling disputes and minimizing impacts to
project costs and scheduling. Other means of dispute resolution are presented
that apply to projects already underway or completed, but with disputes that
still have not been resolved. Suitable for:
residential,
commercial,
industrial,
public works,
attorneys
PRESENTATIONS:
1. How to Handle and Prevent Construction Disputes.
An overview of various dispute resolution processes for the construction
industry, including mediation, binding mediation, arbitration, dispute review
boards, construction settlement panels, med-arb, arb-med and more. Also included
are recommendations on contract language that assures quick and effective
dispute resolution. Suitable for:
residential,
commercial,
industrial,
public works,
attorneys
2. Dispute Review Boards & Construction Settlement Panels: Save Time, Money and
Headaches.
When a Dispute Review Board (DRB) assists the parties in preventing a dispute
from happening, there is a definite savings not only in direct dollars and time,
but also in the mental pressures that would have occurred if the issue had
developed into a dispute and proceeded on to litigation. The presentation covers
the DRB, ‘Expanded’ DRB and Construction Settlement Panel processes as they
apply to larger projects. Suitable for:
residential,
commercial,
industrial,
public works,
attorneys
3. Green Building Disputes: Response to an emerging market.
Building ‘green’ is a new and emerging field of specialization in the
construction industry and is quickly gaining popularity across the United
States. Many municipalities are beginning to mandate green building guidelines
or standards and are adopting ‘green building codes’. CDRS is the only National
dispute resolution provider with a specialized Green Panel of Specialists to
address this area. The uniqueness of ‘green practices’ is they are performance
driven. This presents entirely new possibilities for claims and disputes based
on performance, not just design, materials and workmanship. Some of these issues
are very complex and require specialized knowledge to adequately resolve the
issues. This presentation make the point that “Green Disputes” should be handled
by green-knowledgeable ADR Specialists as opposed to a judge or jury who
generally base their decision on which party makes the best and most convincing
presentation.
Suitable for:
residential,
commercial,
industrial,
public works,
attorneys
4. Performance Guidelines and Contract Language as Tools for Construction.
The Residential Construction Performance Guidelines (RCPG) that is published by
the National Association of Home Builders (NAHB) is a tool to keep your
construction costs down. It is the #1 selling book in the nation from Builder
Books.com. It is also important to know that the RCPG were not developed to, in
any way, favor or protect the contractor, but rather to protect both the
contractor and the homeowner equally. We show how to integrate the RCPG into
your Warranty and Dispute Resolution aspects of your contracts to greatly reduce
quality issues that often result in costly claims.
Suitable for:
residential,
commercial,
industrial,
public works,
attorneys
5. Why Construction Mediators and Arbitrators Need to Specialize.
If you were sick or injured, you would go to a doctor, and most often a
specialist trained in remedies that are effective in helping your particular
illness or injury. In a similar manner, if a construction project is ‘sick’ or
‘injured’ by disputes before, during or after construction, it needs specialized
ADR professionals who know construction and how to resolve those disputes
swiftly and effectively through specialized construction protocols. Find out why
mediators and arbitrators need to have construction experience to be most
effective. Retiring construction specialists are finding the construction
dispute industry an enjoyable post-retirement profession which utilizes their
construction knowledge gained over their many years in construction.
Suitable for:
residential,
commercial,
industrial,
public works,
attorneys
ARTICLES:
CDRS has published articles in regional, national and international
organizations, including Associated General Contractors; Contract Management;
Green Builder Magazine; Housing Journal; Profiles Magazine of the NBKA; NAHB
newsletters, The International Chamber of Commerce, Bar Associations; and more.
We would be honored to submit an article for your organization’s publications.
CDRS OFFERS SPECIALIZED OR CUSTOM PRESENTATIONS AND PROGRAMS FOR LARGER
COMPANIES, ASSOCIATIONS OR ORGANIZATIONS
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