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Dispute Preventionvia LinkedIn

Most Project Disputes Start in the Contract, Not on Site

3 min read
Most Project Disputes Start in the Contract, Not on Site

Vague scope. Unclear notice requirements. Risk allocated to the party least able to manage it. By the time the problem shows up on site, the damage is already baked into the contract.

The pattern is remarkably consistent. A dispute erupts on site — a variation is rejected, a delay claim is contested, an instruction is disputed. Both parties dig in. Lawyers get involved. The project stalls.

But when you trace the dispute back to its origin, it almost never started on site. It started in the contract. In a scope definition that was ambiguous enough to support two interpretations. In a notice clause that one party did not understand. In a risk allocation that made no commercial sense but was never challenged during negotiation.

Proper contract administration does not prevent all disputes. But it prevents the ones that should never have happened — the disputes born from administrative failure, not from genuine disagreement.

This means reviewing the contract before work begins, not after the first problem surfaces. It means tracking obligations and entitlements in real-time, not reconstructing them from memory six months later. It means issuing notices on time, documenting instructions properly, and managing variations as they occur.

At CALIM, we have seen disputes worth millions that could have been avoided with a single notice issued on time. We have seen entitlements worth hundreds of thousands abandoned because nobody tracked the contractual deadline for submission.

The contract is not just a legal document. It is an operational tool. And when it is managed properly, it prevents far more disputes than it creates.

JM

Jayakumar Madapattu

Chief Legal Officer

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