This page is for clients involved in construction mediation or arbitration.
Construction Mediation Arbitration Experts
NEGOTIATION & SETTLEMENT
The majority of Holloway Consulting Group, LLC’s services in alternate dispute resolution (ADR) involve assisting clients with the negotiation, settlement and resolution of informal disputes, those that commonly arise under the terms and conditions of the contract, and often do not involve the active participation of construction attorneys. Examples of issues that Holloway Consulting has experience resolving with clients include:
- Change Order Requests
- Change Orders
- Construction Change Directives
- Contract Retainage Claims
- Contract Amendments
- Cost of the work audits
- Liquidated damages
- Requests for time extension
MEDIATION & ARBITRATION SERVICES
We provide experienced, independent and unbiased construction mediation, and alternate dispute resolution services. We are the firm for you to choose if:
- You prefer a construction mediator that can facilitate and evaluate, rather than only negotiate; and,
- You prefer a construction mediator that is a construction expert, engineer and contractor, rather than an attorney.
CONSTRUCTION MEDIATION PHILOSOPHY
Holloway’s construction mediation philosophy is very distinct from most of today’s construction mediators:
We recognize that construction is expensive, and that construction contracts involve large amounts of money and limited profit margins. We also recognize that legal and expert fees in construction arbitration and litigation can be costly. However, all too often, we see the parties needlessly pressured to settle in construction mediation and lose a lot more than they might have lost in construction arbitration or litigation. Therefore, we believe that construction mediation should be seen primarily as a process through which the parties better evaluate their positions. Any subsequent settlement should truly make financial and business sense to both parties.
CONSTRUCTION MEDIATION SERVICES
Facilitative or Evaluative
The role a mediator plays can depend on the desires of the parties. Just as importantly, it can also depend on the philosophy of the mediator. The role of a mediator may involve gently guiding the parties to resolution by carrying messages, helping them agree to a process and an agenda, aiding them in developing their own proposals and assisting them in the negotiation process. These are all steps and techniques used in what is often termed “facilitative” mediation.
Construction disputes often require more than mere handholding and can frequently benefit from an “evaluative” mediation process under the direction of a mediator with practical experience in project development, design and construction. Participants in an “evaluative” mediation often find unrealistic expectations become exposed, receive factual and causal analysis and, where necessary, insurance coverage analysis specific to their construction dispute. Persuasion and logic are aimed at securing acceptance of specific solutions based on the mediator’s analysis. Most construction cases respond well to this more aggressive mediation style. Where a settlement is not achieved, the parties nonetheless come away from the mediation with a fresh and independent view of the strengths and weaknesses of their case as viewed by a highly experienced construction expert and mediator.
Case Evaluation Services
As experienced financial analysts and construction experts, Holloway is uniquely situated to assist you in the evaluation of your case. Holloway can help when all sides are not agreeable to mediation or when a party and his or her attorney simply desire an independent case evaluation either before filing, before trial or at any time in between. Holloway is available to review your case or project file, review and evaluate expert reports, review and digest depositions and, based on the information analyzed, provide practical assessments and advice. Holloway also maintains consulting relationships with a wide variety of attorneys, design and claims professionals and can expand its case evaluation services to include independent project audits, construction CPM analysis and other technical areas of expertise.
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Call Steve Holloway – 303-984-1941 – to discuss your project.
The Holloway Consulting Group, LLC
10885 W. Beloit Pl.
Lakewood, CO 80227
Phone: (303) 984-1941
Fax: (303) 716-0432
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