When it comes to the construction industry, the main dispute resolution tool remains a lawyer, and every disagreement still looks like a lawsuit. But the character of industry transactions remains largely the same. We still choose to structure them according to the letter of the law as interpreted by attorneys rather than the spirit of offering our hand and word as our bond. When we take that approach, we set the stage for litigation.
Lawsuits go against the basic nature of the industry.
Construction is not an individual endeavor like long-distance running, but rather a business of team building. The fabric of the industry depends on a strong weave of owner, architect, engineer, contractor and supplier into a team. Successful teams and projects are built on the strengths of each member, while lawsuits and unsuccessful projects are founded on the weaknesses of team members. Litigation can be productive if it helps define legal and factual issues, building a foundation for fair and expeditious settlements. But that's too often not the case.