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After the Dispute Dust Settles - Exploring Common Causes and Cures

Philip L. Bruner, Paul Bruno, Dr.Patricia D. Galloway, John W. Hinchey

Far too many mega-projects have failed because of recurring root causes.  These causes include: (1) First of a kind (FOAK) projects, either in terms of new technologies or scale; (2) Insufficient information to develop effective project controls and schedules; (3) Design schedules, scope and schedule creep; and (4) cultural differences, whether inside the organization or outside. When one or more of these conditions exist, careful planning at the earliest stages; contract drafting at the risk allocation stage; implementation of certain project management techniques; and early intervention with a variety of dispute resolution techniques can avoid or mitigate costly litigation or arbitration – even before the dust finally settles.

A panel of arbitrators with professional lifetimes of experience dealing with global mega-projects will: (a) explore common root causes of project failures; (b) suggest what changes could have been made at the project planning stage to avoid failure; (b) explain various contracting options to avoid or mitigate risks; (c) discuss practical options during the project to correct or mitigate impending failure; (d) identify various options short of litigation and arbitration to resolve project disputes.