While construction managers and contractors hustle to get project logistics in order to begin work on time, many neglect to reevaluate the multitude of factors that have hindered successes, or even led to more serious ramifications, in the past.  Though disputes and delays can be common occurrences in commercial construction development, leadership shouldn’t ignore opportunities to better prepare and address the likelihood of litigation arising from their projects.  By examining team culture, operations, and previous work, construction partners put themselves in better position to learn from past mistakes and improve outcomes moving forward.
Explains construction management thought leader, Jeff Kozek, Principal of Resolution Management Consultants, “it’s not uncommon for people in general to assume that some of the negative experiences others have faced won’t happen to them, but being surprised by litigation can cost a lot of money on top of plenty of aggravation.  Construction in particular experiences this problem, with Project Managers often bidding using the most optimistic schedules and budgets even though experience might tell them the work will run differently.  What we tend to find with clients is once we’ve been expert witnesses on their behalf for a project gone off the deep end, they find a lot more room in their planning for our consulting services at the outset of future projects.”
Kozek offers 5 areas construction partners should target to strengthen preparations as their teams prepare for their next project:

• Review Past Projects.  The first step in identifying recurring work issues is evaluating past projects.  Analysis can help shine a light on areas of weakness that persist and focus leadership’s attention to target improvements.  Rather than hoping for the best on the next project, take a proactive approach to better performance using the information already available.
• Evaluate Team Culture.  Company culture determines how well individual team members perform because it helps to define clear expectations and recognize a collaborative approach to results.  Yet many leaders fail to establish a particular culture for their team.  The ways people work together, report problems/changes and express their needs can either limit growth potential or foster it.
• Reexamine Contract Parameters.  Much of the language in contracts is treated as standard, but not every aspect of the details needs to be a foregone conclusion.  Understand if contract provisions have led to miscommunications or if revised parameters will improve outcomes for all parties involved in a project.  Either way, a clearer understanding of agreements will help the team maximize its effectiveness and avoid extraneous disputes.  In other words, don’t have a first look at the fine terms after you have a problem.
• Define and Foster Usage of Communication Channels.  A wide range of topics can be cause for team members to need to contact a supervisor, but actively or passively discouraging communication will undoubtedly lead to bigger problems with a project.  Whether there is a block in the chain of command, repercussions for identifying pitfalls or unclear expectations for work or rules, when employees feel discouraged, leaders lack information.  Conflicts and errors are far easier to address early before they manifest in a bigger way down the line.
• Train Team Members for New Procedures, Technology & Equipment.  After extensive reevaluation of operations and incorporation of the latest construction technology, team members will require new training so they can implement these changes effectively.  Those who find themselves frustrated with new challenges will typically revert to the old ways of working so they can feel successful.  By helping them to prepare for changes in the manner of planning and documenting the work, leadership helps the entire organization to prepare for more successful outcomes.

Notes Kozek, “while these organizational and operational changes won’t shield construction partners from all potential litigation, they can help to reduce the likelihood of preventable construction lawsuits.  This is a fantastic time to address these five areas, when employees can process the changes before being overwhelmed when work is underway.  It’s worth taking the time now to prepare the team to achieve more successful outcomes overall.”
About Resolution Management Consultants
Resolution Management Consultants, Inc. (RMC) is a nationally recognized consulting firm headquartered in Marlton, NJ.  There are two sides to the business: the construction planning and management aspect − helping clients build more successful projects − and the litigation aspect − should matters go to court, providing analysis and testimony as expert witnesses.  Founded in 1993 by veterans in the construction, contracting and engineering professions, RMC has assisted numerous private owners, public agencies and contractors in either achieving project goals or resolving cost and time disputes between the contracting parties.
Website:  resmgt.com
LinkedIn:   /company/ResolutionMgt
Twitter:    @ResolutionMgt
Facebook: @ResolutionMgt