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Using technology to resolve construction disputes

The complex nature of many construction disputes in Missouri means that many issues can be costly to resolve and stretch out over a long period of time. Indeed, the average construction dispute across the country can take around 14 months to reach a resolution. Two of the most common issues raised in legal battles over construction projects are errors and omissions and unsubstantiated claims, and building information modeling can play a role in helping to resolve some of these issues.

Many contractors and designers use BIM to plan and envision a project. This type of modeling can save significantly on construction costs by allowing a range of stakeholders in a project to create and manage 3D images of the project throughout its life. Indeed, the use of BIM is mandatory for government contractors in the United Kingdom because the cost savings generated can be so substantial by helping to streamline workflows and identify points of concern.

While BIM, when used well, can play an important role in avoiding construction disputes before they come to the forefront, it can also be used to address disputes after construction is complete. Contractors can go back to the BIM work created during the project and verify whether the final product matched the requirements of the contract. On the other hand, other parties can look to the BIM to point out errors and omissions in the completed building. So long as the BIM records associated with the project were regularly maintained, they can have substantial value in resolving factual questions in a construction dispute.

Construction defect disputes can be lengthy and complex. The highest level of factual information available can help a construction lawyer to pursue a claim against a contracting company that failed to live up to its obligations and seek financial recovery for the damages done.

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Our condo association was faced with monumental construction issues thanks to the original developer of our complex. We were cash poor and in no position to get legal representation without a contingency fee arrangement. Luckily for us, Scott Long and Burke Robinson were willing to take us on as clients. Their work ethic, professionalism and knowledge of condominium construction served our association very well. Any association would be well served in hiring these gentlemen to represent them.

Board of Directors - Plaza Gardens on the Lake Condominium Owners’ Association Lake of the Ozarks, MO

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