It is axiomatic that claims and disputes on projects do not appear out of nowhere. Experience indicates that when a dispute occurs, there is a history of events, decisions, lack of decisions, etc. that can be traced back from a few weeks to several years. These are early warning signs of claims and disputes. Typically, it is when claims are filed at the end of a project that attorneys and claims consultants review project documentation and interview the project team in order identify such early warnings. This article lists numerous "early warning signs" of disputes. There is little literature setting forth a detailed list of early warning signs of claims and disputes. Based on the collective observations of numerous construction claims consultants, the author collated these early warning signs into typical project phases. This article also identifies which party should watch for which early warning sign and what sort of claim or dispute may arise. This article was first presented at the 2016 AACE International Annual Meeting as OWN.2140.
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