5. Deadline Disputes and Deliverables

5. Deadline Disputes and Deliverables

Finger-Pointing vs. Solution-Oriented

What We Do:

When faced with missed deadlines, the initial reaction of construction company XXX might be to immediately blame subcontractor YYY or the client ZZZ for the delay. An email might go out stating, "Your inability to provide the necessary specifications on time has directly resulted in our failure to meet the project milestone."

This accusatory approach not only damages professional relationships but also shifts focus away from resolving the issue at hand, potentially leading to further delays and conflicts.

What We Should Do:

A more constructive response to deadline disputes involves adopting a solution-oriented mindset. Instead of assigning blame, XXX could approach the situation with a focus on collaboration and problem-solving. For instance:

"Dear [Subcontractor/Client],

We've noticed that the recent delay in [specific deliverable] has impacted the project timeline. We understand that challenges can arise and are committed to working together to overcome this setback. Could we discuss potential solutions or adjustments to ensure we meet our next milestones? Your input is valuable, and together, we can keep the project moving forward.

Best, [Your Name]"

This approach acknowledges the issue without casting blame, opening the door for constructive dialogue and collaborative problem-solving.

Real-World Example:

Imagine a scenario where construction firm XXX encountered delays due to late material deliveries from supplier YYY. Instead of sending a confrontational email, the project manager called for a meeting with YYY to discuss the root cause of the delays. It was discovered that a communication breakdown had led to unclear delivery timelines. Together, they developed a revised schedule and communication plan, ensuring materials would arrive in time for future phases. This solution-oriented approach not only resolved the immediate issue but also strengthened the relationship between XXX and YYY, setting a precedent for effective communication and collaboration.

Conclusion:

Disputes over deadlines and deliverables in construction projects are inevitable, but the way we respond to these challenges can make all the difference. Shifting from a blame-centric to a solution-focused approach not only helps in resolving the immediate issue but also builds a foundation of trust and cooperation essential for the successful completion of any project. By prioritizing open communication, mutual understanding, and collaborative problem-solving, construction companies can navigate deadline disputes more effectively, ensuring projects remain on track and relationships stay strong.

#TeamworkInConstruction #ProblemSolvingSkills #CollaborativeWorking

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Stephen Fowler

Managing Director of WYSE ADR | Turning time into money for the Engineering and Construction industries.

1 年

A solution-oriented strategy is all well and good to try and understand/collaboratively mitigate potential delay to deliverables, and is central to NEC philosophy through the Early Warning mechanism. But where a delay ‘appears out of the blue’, has occurred without any forewarning and causes damage to a party by way of liquidated damages for example, then this should also be recorded and culpability established through whatever clauses the contract provides, this is not ‘finger pointing’ it is good contract administration.

Jinoy Viswan FIE, CEng, PMP, B.Tech, ACIArb, Dip(Arbitration)

Delivering Successful EOT Claims & Unlocking Full Contractual Entitlements | Protecting Contractors from Penalties | CEO @ Aegis | Three Decades in Contract Management, Delay Analysis & ADR Support

1 年

#1- There is always a better way to resolve a dispute than Finger pointing. Isn’t it?

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