Construction claims and disputes are an unavoidable part of working in the AEC industry. This episode breaks down what they are, the most common types, how to prevent them, and how they get resolved.
You'll learn the four elements of a valid claim, the 21-day notice rule under AIA A201, the difference between excusable and compensable delays, and how construction mediation and arbitration compare. We also break down the Spearin doctrine and what it means for design liability, plus the Initial Decision Maker role that trips up so many candidates in practice.
Whether you're preparing for the PcM, PjM, or CE exam or just trying to understand how claims actually play out on a real project, this episode gives you a clear framework for preventing disputes and resolving the ones you can't avoid. These are skills that pay off long after you pass the exam.
📝 Key topics covered:
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The four elements of a valid claim and the 21-day notice rule under AIA A201
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Common claim types against architects, contractors, and owners
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Construction delay claims: excusable vs compensable delay
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The real cost of disputes and the negotiation to litigation ladder
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Construction mediation vs arbitration and the Initial Decision Maker role
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The Spearin doctrine and what it means for design liability
⏱️ Chapters:
(0:00) Claims and Disputes in Construction
(1:45) What This Episode Covers
(3:36) What Is a Construction Claim?
(4:36) Claim vs Dispute
(5:31) What a Claim Is Not
(7:10) Claims Against Architects
(8:34) Claims Against Contractors, Owners
(11:32) Third-Party Construction Claims
(12:31) The Real Cost of Claims
(14:09) Dispute Resolution Timelines
(19:14) Case Study: Design Error Claim
(20:02) Design Error Claim Resolution
(22:07) How to Prevent Construction Claims
(23:52) RFI Process and Communication
(25:19) Construction Documentation Practices
(27:18) Claim Resolution Action Plan
(28:40) Case Study: Construction Delay Claim
(29:29) How Documentation Won the Claim
(32:05) Dispute Resolution Methods
(34:09) Arbitration vs Litigation
(36:43) Spearin Doctrine Explained
(39:01) Indemnification Clauses
(40:43) Key Takeaways
(43:18) ARE Exam Prep Resources
📖 Read the full blog post
📝 Download the FREE Claims and Disputes study notes
🎯 Get access to all ARE study materials with the ARE 101 Membership
🎯 Join our 10-week ARE Boot Camp
📚 Individual ARE Exam Courses:
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CE 101 (Construction and Evaluation)
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PjM 101 (Project Management)
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PcM 101 (Practice Management)
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AIA Contracts 101
📋 CSI Certification Courses: