Communication is first ingredient in a successful construction project.  It is incredibly easy to communicate today, sometimes too easy.  Smart phones have made it easy to “reach out and touch” someone.  Emailing from tablets and smart phones is almost as easy. Calling is very easy with contact information at your fingertips 24/7.  Don’t over do it, but stay in contact with your fellow construction team members.

I have had the privilege of serving as an Expert Witness on several construction claims.   It has given me a unique perspective on the breakdown of projects I  have served as an expert witness on.  Step one – the parties stop communicating.  OK, step one is that they get upset at each other, followed immediately by step 2, they stop communicating.   This is a recipe  for disaster.   Problems can be worked-out.   The key is to have everyone involved working on a solution, not trying to prove their case or  trump the other parties.   Often having a conversation face to face with the opposing party works.  Meeting away from the jobsite and at a neutral location such as a coffee shop may provided a well needed distraction-free environment.

Don’t dive into the sensitive subject in your opening remarks.  Chat for a minute or two.  You might learn that the guy or  gal on the other side of  that cup of  coffee has some similar interests to yours, and doesn’t have three heads that breathe fire.  They might learn the same thing about you.  Be civil. Be respectful.  Keep in mind that the courtroom is the  most  expensive place to work out differences.   Go to great lengths to avoid court if  you can.

Many Construction subcontracts and purchase orders are not properly crafted to end well. Many subcontracts have been written to only be performed by the most humble subcontractors. Many purchase orders are simply vendor quotes signed by general contractors, placing the general contractor at the mercy of the terms of the vendor.

Most subcontract or purchase order include these basic elements:

1. What is to be provided and/or installed
2. The negotiated price

The following important date is often missing from construction contracts:

1. What happens if milestones are not met
2. What happens if the quality is not delivered as specified
3. What happens if delivers are late
4. What assurances are to be given by the subcontractor or supplier to ensure deliver and performance criteria will be met
5. Who owns the float on the construction schedule