Effective contract drafting for the avoidance and resolution of construction claims

The subject of construction claims avoidance and resolution is a complex issue. Many thoughts and ideas on this topic can be debated as to both their applicability and legal viability. Claims resolution and avoidance are, however, primary concerns for many project owners. The ability to minimize the number of disputes and to resolve disputes effectively is an important factor in minimizing the cost and impact of construction projects.

This thesis compared the Tennessee Department of Transportation standard specifications with other states' specifications from the same region. The intent of this comparison was to identify alternative forms of drafting contract provisions for the goal of avoiding and resolving construction claims. The analysis focused on four issues. These were scheduling requirements, bid eligibility based on satisfactory progress claims resolution procedures, and access-to-records. The provisions relating to these issues were analyzed and discussed to determine the most advantageous approach to draft provisions that would meet the intended goals of these topics.

Recommended contract provisions for these four focus issues were included to provide alternatives to the current provisions in the Tennessee Department of Transportation specifications. The analysis, discussions, and recommendations in this thesis are intended to provide options for creating contract provisions that will promote more efficient execution of construction projects.