As construction disputes grow more complex, parties are using mediation not only to settle cases, but also to exchange information, assess risk, and keep projects or business relationships moving. At the 2026 AAA Construction Conference, panelists examined how construction mediation is evolving and how the mediator’s role is expanding. The message for construction teams: mediation does not need to wait until the eve of arbitration or trial. Used earlier and more strategically, it can help parties manage cost, clarify risk, and resolve disputes before positions become more entrenched. Learn more on our blog: https://lnkd.in/e6CXNCvr #Construction #ConstructionConference #ConstructionArbitration

Delays remain one of the most frequent causes of disagreement in construction projects. They drive up costs, disrupt programmes, strain commercial relationships, and can ultimately lead to formal disputes. While every project has its own complexities, delay-related conflicts tend to arise from a small number of recurring issues. Understanding these early can significantly reduce risk and avoid costly escalation. Read more of our expert advice at https://lnkd.in/efYnCi2i

Claims Classification: ------------------------ Effective commercial management and dispute avoidance require a structured approach to identifying and processing contractor claims. Construction claims fall into three primary legal categories: 1) Contractual, 2) Extra-Contractual, and 3) Ex Gratia each governed by distinct legal bases, varying levels of Engineer/Employer authority, and specific administrative procedures. Failing to properly categorize a claim upon receipt can lead to jurisdictional errors, misapplied contract clauses, and compromised legal standing during dispute proceedings. The framework matrix below establishes a standardized best-practice guide for evaluating entitlement, determining administrative limits, and implementing effective risk-mitigation strategies under FIDIC conditions.

Now officially released. The Institute of Construction Claims Practitioners (ICCP) has released its Claims Management Protocol - a framework helping contractors, consultants, and employers handle construction claims in a structured, professional way. It aims to reduce disputes caused by poorly evidenced claims or poorly explained rejections. Now Available on the ICCP website. Join our ICCP community in Egypt via link: https://lnkd.in/dYX9CEZh ICCP Claims Protocol: https://lnkd.in/gDwpRpcW

Claims Classification:------------------------Effective commercial management and dispute avoidance require a structured approach to identifying and processing contractor claims. Construction claims fall into three primary legal categories:1) Contractual, 2) Extra-Contractual, and 3) Ex Gratiaeach governed by distinct legal bases, varying levels of Engineer/Employer authority, and specific administrative procedures.Failing to properly categorize a claim upon receipt can lead to jurisdictional errors, misapplied contract clauses, and compromised legal standing during dispute proceedings. The framework matrix below establishes a standardized best-practice guide for evaluating entitlement, determining administrative limits, and implementing effective risk-mitigation strategies under FIDIC conditions.

The First Fork in the Road: Most construction disputes do not begin in arbitration. They begin much earlier — at the point where the parties decide how to deal with a disagreement. This is the first fork in the road. In Scenario 1, the project has good contemporaneous records: notices, instructions, programme updates, approvals, cost records and supporting documents. That allows both parties to test entitlement, causation and quantum against evidence rather than memory or position-taking. That does not mean one party simply accepts everything claimed. It means the discussion stays anchored in facts. Where the records support entitlement, recognise it. Where they do not, challenge it. Where differences remain, resolve them pragmatically. The result can be remarkably simple: Good records → informed discussion → fair final account → relationship preserved → next project. Compare that with the alternative: poor records, entrenched positions, recollection replacing evidence, and a commercial issue slowly becoming a dispute. The objective of good contract administration is not to eliminate disagreement. It is to stop an ordinary project issue becoming an unnecessarily expensive dispute. This is the first fork in the road. Which route does your project usually take? #construction #thoughtleader #CCMS #Asia

ARBITRATION | Resolving Project Disputes Through a Structured Process In major marine, infrastructure, EPC and construction projects, disputes can arise from variations, delays, payment, extensions of time, design responsibility, claims, or contractual interpretation. Arbitration provides a private dispute-resolution mechanism in which an independent tribunal considers the parties’ evidence, contractual provisions and applicable law before issuing an award. Why is arbitration commonly used? • Neutrality — independent decision-makers • Confidentiality — private proceedings in many jurisdictions • Technical expertise — arbitrators can have relevant industry experience • Procedural flexibility — compared with traditional court proceedings • International enforceability — supported by frameworks such as the New York Convention • Cross-border suitability — particularly relevant to international projects Typical Arbitration Process Notice → Tribunal Constitution → Submissions & Evidence → Hearings → Award → Enforcement For marine and construction projects, effective contract administration remains critical. Good documentation of scope, variations, instructions, delays, payment records, design changes, correspondence and contemporaneous evidence can significantly influence how a dispute is ultimately addressed. Arbitration should therefore not be viewed only as a final dispute mechanism. It is also a reminder that clear contracts + disciplined project records + early dispute management = better project outcomes. #Arbitration #ConstructionContracts #MarineEngineering #ConstructionManagement #EPC #FIDIC #DisputeResolution #ClaimsManagement #ContractManagement #Infrastructure #PortEngineering #ProjectManagement Ahmed Karkary | Keep it simple

Ron Fernandez , B.A.Sc., P.Eng., GSC, MAE, Principal, is proud to announce that our company which I founded in 2018, has completed its 8th year of preparing over 120 expert construction delay claim/defense reports for general contractors, subtrades, owners/developers, cities/municipalities, engineering consultants and insurance/bonding firms, for use in negotiations, mediations, adjudications, arbitrations, dispute resolution board hearings and court, and provide expert testimony. Our firm has a staff of Professional Engineers, LLM's, FCIARB's and PSP accredited professionals, in North America and the Middle East. Our reputation with legal counsel clients is exceptional, with only one claim proceeded to arbitration, and one claim proceeded to court, out of 120 reports. See you at the TCA Christmas Luncheon on December 4th in Toronto. Regards.

Warning - Commonly Used Clauses in Australian Standard Contracts May Be Ineffective... Not all unamended clauses in your standard construction contract operate as intended. Some standard clauses have been found by the Courts to be ineffective, both within the Security of Payment (SOP) context and outside. Understanding how to amend standard clauses to ensure the clause can operate without compromising other rights, may assist to avoid a contractual dispute and preserve your rights in progressing or defending QLD BIF Act and NSW SOP Act claims. Common examples in Australian Standard Contracts include: 🟠 Uncertainty with unamended dispute clauses. 🟠 Vulnerability of further security requirements or other preconditions to payment for unfixed goods and materials in the SOP context. 🟠 Vulnerability of general preconditions to rights to progress payments. Understanding how your contract interacts with SOP legislation can help to strengthen your commercial position when payment disputes arise. Troy Legal provides specialist advice to developers, contractors, subcontractors and suppliers on construction contracts and payment rights under the QLD BIF Act and NSW SOP Act.

🏗️ A Practical Resource for Construction and FIDIC Professionals Būves nākotnei / CONSTRUCTIVE, in collaboration with Howard Kennedy LLP, invites industry professionals to make use of a practical resource - the Howard Kennedy FIDIC Cases Table. Court and arbitration case law plays a significant role in the application of FIDIC contracts. The FIDIC Cases Table compiles cases related to FIDIC contracts and provides a convenient way to review the most significant disputes, their context, and the decisions rendered. To make this resource more accessible to users of the Constructive platform, we have added it to the “Content Hub” section of our website. 👉 We encourage you to use this resource in your daily work, research, and professional practice. 🔗 https://lnkd.in/dHm-THVn #BūvesNākotnei #Constructive #FIDIC #Construction #ConstructionLaw #Construction #Contracts