With supply chain issues raging thanks to a cocktail of pandemic disruption and geopolitical dislocation, the knock-on effect on the construction industry has been profound. There is perhaps a natural tendency to assume this will result in more legal disputes across the board. However, construction contracts do not always end in a dispute. It is possible to plan and execute projects without automatically proceeding to some form of litigation afterwards. Unfortunately, that is not regarded as the norm. But why?

Construction is invariably complex and risky. Disputes will arise, but many of them could be avoided or at least significantly lessened by early engagement between the parties in a non-contentious, collaborative way. With so many risks outside the contract which parties cannot control, why are they not spending more time reducing the risks that are largely within their control?

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