It is axiomatic that claims and disputes on a project do not simply appear out of nowhere. Experience indicates that when a dispute occurs, there is normally a back story or history of events, decisions, lack of decisions, etc. that can be traced back from a few weeks to several years that gave rise to the dispute. It is typically these past events or decisions that are identified as the “early warning signs” of claims and disputes. Typically, it is only when claims are filed at the end of a project that attorneys and claims consultants will review project documentation and interview the project team in order identify these early warnings. And, in retrospect, many project team members will make comments to the effect of, “If only I had recognized that then!” This presentation outlines a number of these early warning signs and how employers or contractors should react.
