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There seems to be a recognizable pattern to the escalation from a dispute to a claim. Most experienced construction claim
neutrals, parties and advocates will see familiarities in the following outline:
Courtship and Honeymoon
- The Dance of Hope and Design
- Great Prospects for Success for Client and Architect
- Variable Time Frame
First Cracks Appear
- Service Issues Problems
- Quality Issues Problems
- Employee Issues Problems
- Financial surprises/Budget and costs
- "Trust" is violated, Distrust takes over
- Communications Breakdown/Inability to Listen
The Honeymoon is Over
- Personal Insults begin
- Betrayal takes over as emotional thread
- ANGER / RESENTMENT / VENGEANCE
- Confrontation and Argumentation
Red Flags Appear
- Late or nonpayment of invoices
- Non preparation of Invoices
- Non return of phone calls
- Ignoring of requests for action by either Party
- Excuses, rationalizations, blame
Call out the Calvary; End of the Line
- The first "Nasty Letter" arrives from an attorney
- The slippery slope: the "Counterletter" response
- It's getting out of your control now
Dispute Takes on Life of its Own
- Mutual threats
- Righteous indignation by all
"Damn the Torpedos, Full Speed Ahead"
- Liens filed
- Conciliation court claim filed
- Demand for mediation/Aarbitration filed
- Lawsuit commenced?
- You will become obsessed: time, $, emotion
- GET OUT THE CHECKBOOKS!!
- Unpleasant times ahead. Your job takes a backseat.
Who Wins in This Scenario?
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Image above by Phillip Stien 2003
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Minneapolis, MN 55416
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