|The Tiburon Group, LLC|
|Third Party Neutral Services|
|Frequently projects, regardless all parties best intentions and efforts, evolve into adversarial relationships. It has been our experience that in most cases no one party is fully at fault. There always is sufficient liability to go around. When the communication and relationships break down, no one wins. Typically the project is behind schedule and the costs have increased beyond anyone’s expectations. The Owner looses in not having their facility on time and when it is needed as well as having exposure to potential claims. The Contractor looses in having the project cost more than bid, having his bonding capacity tied up, and the potential costs of defending claims from subcontractors.
The Tiburon Group (tTG) has been called upon on numerous occasions to come into the project as a “Third Party Neutral”. We bring to these assignments our many years of experience in all phases of Design and Construction, Expertise in construction law and standards of practice, and our background in Claims Avoidance and Mitigation.
We typically start these assignments by reviewing the contract documents and project history. We then conduct interviews with project stakeholders to ascertain and prioritize the issues of the disputes that are often numerous. We bring the principals together to discuss the issues and facilitate the creation of “Action Teams” to work on the issues at hand. We then develop a dispute resolution ladder to facilitate resolving the disputes at the lowest level possible, yet having a mechanism to elevate the issue to a higher level should resolution not be prompt. Following these initial steps we often recommend a “Turnaround Partnering” session to develop both global resolution goals and commitments, and assist in the development of a completion plan that meets the needs of the project stakeholders. We complete these assignments by assisting with the negotiation of a “Global Settlement”. We are often called upon to revisit the project periodically to monitor and report on the relationships of the parties and advise on remedial improvements.
Our clients have found this service and our approach unique, timely and cost effective. The cost of this service is a fraction of letting the disputes fester and the ultimate cost of claims. Should you have a project that is deteriorating and appears to be heading in this direction, please do not hesitate to contact us. We can be of great help.
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