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Edition 2027 · effective 1 January 2027

Projects & contracts · A live project under strain

The project must keep moving. The people delivering it have stopped trusting each other.

Delay, variation and payment disputes compound quickly on live projects. Dispute boards and Standing Neutrals resolve issues as they arise, while work continues.

§ 01What it looks like

Recognise it early. The earliest moment is the cheapest.

Early signals

What you notice first

Small, and easy to explain away.

  • Variations are disputed
  • Programmes are rejected
  • Site meetings become hostile
  • Notices and claims pile up
What is at stake

What waiting can cost

Usually more than the original issue.

  • Completion date
  • Cash flow through the supply chain
  • Public or investor confidence
No. 1

The most common cause of construction disputes, year after year: failure to properly administer the contract.Arcadis Global Construction Disputes Report, via Pinsent Masons · 2018 ↗

§ 02The Neutral route

Usually: Dispute Board.

Real-time resolution by people who know the project prevents small issues becoming large claims.

Human checkpoint. Guidance, not legal advice. You choose the role; the Neutral discloses conflicts and accepts a mandate before any file is shared.

§ 03The steps

What a good process looks like.

  1. Check whether the contract provides a dispute boardBefore anything else01
  2. If not, agree a Standing Neutral nowThe moment independence enters02
  3. Refer the first issue earlyWhere the work is done03
  4. Keep records contemporaneousSo it holds04

§ 04Prepare and avoid

What to bring. What to leave out.

(Bring)

01

Contract and programme

02

Variation and claims log

03

Correspondence

04

Cash-flow position

(Avoid)

✕

Saving all claims for the end

§ 05Your version

Every situation is different. Describe yours.

Write in your own words. Leave out names and confidential details.

§ 06Related

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