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Early Indicators That a Project Is Drifting Toward Dispute

Dispute Avoidance | Greg O'Connell

Disputes rarely begin with a single event.

They tend to emerge when discipline slips, not through malice or incompetence, but through stretched teams and competing pressures.

Programme updates become irregular, or cosmetic. Instructions are given verbally and later rationalised. Compensation events or variations sit under review beyond contractual timeframes. Minutes record discussion, but not agreement.

Individually, these issues are manageable.

Collectively, they suggest something more structural: the contract is no longer governing behaviour.

When the programme stops being a management tool


At that point, the programme ceases to function as a management tool and begins to resemble a future evidential record. Positions start forming implicitly, often before anyone acknowledges that they are forming at all.

By the time delay analysis is commissioned or quantum is being shaped, the narrative has usually already settled.

The inflection point

In many cases, the inflection point was not the delay itself. It was the gradual erosion of alignment between operational reality and contractual process.

That is typically where the trajectory is set.

The earlier that drift is identified and addressed, the more options remain available. Once positions have formed, the conversation changes from management to recovery.

That is a harder conversation to have, and a more expensive one.

Greg O'Connell MCIOB is Managing Director of Vinovius, a specialist consultancy providing commercial and planning expertise to the construction industry.

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