Construction is a unique industry, in that the parties involved- the owner, the designer, and the constructor, are commonly working together for the first time. In such an environment, it is natural that misunderstandings and differences of opinion arise. When a dispute arises, quick and effective resolution will reduce costs, preserve relationships and allow the parties to get back to the job at hand.
We at Buckley & Leaders prefer a practical approach to dispute resolution. Disputes typically have an approach or solution that is as unique as the project and the parties involved. Our experience and judgement will be used to quickly identify the issues at hand and work with you to develop an approach that will protect your interests and critical project relationships, without breaking the bank.
Dispute Avoidance and Early Dispute Resolution Focus
Buckley & Leaders provides skilled and credentialed professionals that help you avoid or resolve construction and commercial disputes at any stage of development. Because parties in escalating conflict pay a great price in both financial and personal costs, Buckley & Leaders emphasizes dispute avoidance and early dispute resolution programs tools, training and consulting aimed at avoiding, or at least reducing, the tremendous cost of resolving construction and commercial disputes.
Relevant Expertise and Credentials
Ronald Leaders
Mr. Leaders offers practical problem-solving and dispute resolution experience based on more than 30 years of engineering, contracts, negotiation and legal advisory services in the construction industry. Our clients cite Mr. Leaders’ sound judgment, creative problem-solving, knowledge, reliable budgeting, and personal care and concern as important qualities of the service he regularly provides.
In addition to advanced degrees in law and engineering, Mr. Leaders’ credentials include:
Harvard Project on Negotiation- Certified Corporate Trainer of Negotiations
American Arbitration Association- Arbitrator and Mediator
Chartered Institute of Arbitrators- Arbitrator for international organization based in the U.K. with approximately 400 members in the U.S.
Captive Insurance program- Claims Manager, overseeing claims in excess of $20 million, underwritten by Lloyds of London
EJCDC- Founding member of the documents committee and co-author of the EJCDC standard contract documents.
Representative Services and Deliverables:
Buckley & Leaders provides contracts and dispute resolutions services as specialty consultants to engineering firms. Below is a sampling of projects and programs:
Contract Preparation- Early Dispute Resolution Programs
Buckley & Leaders teamed with a design firm on a 10 year Strategic Alliance Agreement with two Caribbean utilities, seeking to gain an economic advantage by working with a long term strategic partner on more than $150 million of construction projects. Buckley & Leaders developed detailed conflict management practices.
Construction Contract Dispute and Claims Prevention
Developed and presented workshop to more than 100 public works officials on avoiding and managing construction claims. Extensive tools and guide documents were shared and discussed along with implementation tips on integrating new tools and legal doctrines into existing contract administration practices.
Claim Evaluation and Resolution
Deficient Contract Preparation- Assist small public agency to seek recovery of $200,000 from the preparer of inadequate construction documents. As a result of dispute resolution and claims provisions inappropriately incorporated into bid documents, this public owner client was unable to deny a (thin) contractor claim in the amount of $425,000 and incurred additional settlement and legal costs of $200,000 to resolve this claim and avoid extensive litigation expenses.
Relevant Consulting and Training Services
Contract formation, administration, and tools
Standard industry contract documents and practices
Dispute avoidance/risk reduction programs
Contact us for information on services to fit your needs.