Mid-Project Claims Strategy: How (and When) to Assert Claims Without Blowing Up the Project

Construction disputes rarely begin with a formal claim. They start with unresolved RFIs, informal directives, schedule slippage, and "we'll fix it later" decisions made under pressure. By the time lawyers are called, parties have often waived rights, lost leverage, or irreversibly escalated the dispute.

This program is designed for attorneys who advise owners, contractors, and design professionals on active construction projects. It focuses on the strategic timing, positioning, and framing of claims during performance, rather than after project completion. Attendees will learn how to preserve rights, maintain leverage, and reduce dispute escalation by aligning legal strategy with real-world project dynamics.

Learning Objectives: 

1. Recognize early claim triggers and red flags that require legal intervention before disputes harden
2. Distinguish between REAs, claims, and disputes and strategically select the right posture at each stage of a project
3. Preserve contractual rights while minimizing project disruption and relationship damage
4. Advise project teams on documentation, notice, and communication strategies that protect future recovery
5. Position claims and defenses during performance to improve outcomes in arbitration or litigation