Construction may be shaped by technology, but at its heart it remains one of the last industries where the final product is still handcrafted. Dozens of specialized trades converge on-site, coordinating under tight timelines and immense pressure. When aligned, the process resembles an orchestra. When they’re not, it often ends in disputes, delays, or litigation.
As a partner at Stoel Rives LLP with over 30 years of experience in construction law across California, Nevada, and Idaho, the author has seen the full spectrum—projects that succeed through proactive planning and those that fail through predictable missteps.
Most construction disputes follow familiar patterns: unclear scopes of work, bad contracts, unrealistic timelines, mismatched insurance policies, and poor coordination. These risks can be substantially reduced with early intervention, legal review, and cross-team alignment.
A “dirt to done” approach means looking at the entire lifecycle—starting with site conditions, design, permitting, and contracts—before the first shovel hits the ground. “It’s easier—and substantially cheaper—to ask the hard questions early,” the author notes. Microclimate considerations, material sourcing, logistics, and insurance exclusions are best resolved up front rather than after a claim is filed.
Over the last two decades, the industry has suffered a decline in institutional knowledge. “Master builders” once carried forward hard-earned lessons from job to job. The 2008 Great Recession accelerated retirements, disrupted long-standing trade relationships, and left gaps in field leadership.
That loss has measurable consequences. “Some developers and general contractors, seeking marginal cost savings, end up substantially increasing risk and reducing quality by favoring the lowest bidder over the more or most experienced trade,” the author observes.
The solution, in part, lies in rebuilding skilled memory through investment in field training, partnerships with vocational programs, and robust internal QA/QC processes. Clients who embrace this approach often shave months off schedules, reduce warranty claims, and lower insurance costs.
Sustainability has changed the equation. “I’ve handled claims where buildings were constructed ‘to code,’ but failed due to unanticipated interactions between materials or environmental factors,” the author explains.
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Performance-based building now requires integration across design and construction teams. Code compliance is no longer enough. Materials, energy efficiency measures, and microclimate effects must be carefully coordinated to prevent failures that aren’t workmanship issues but compatibility problems.
The most successful projects bring legal counsel, architects, contractors, and subcontractors together early—before construction begins. These pre-construction meetings align expectations, clarify roles, and establish accountability from top to bottom.
Internal quality control is also critical. The author recalls:
“I recall a client who empowered an internal QC manager to halt work temporarily to fix an issue others wanted to overlook. That pause and early remedy prevented a costly defect claim years later.”
Ignoring risks in real time only compounds costs later. “If you don’t look up, with your head in the field of vision, as well as what the common claims are, you will be falsely surprised by what you later discover,” the author warns.
In past decades, general contractors and trades often worked together repeatedly, building trust and efficiency. Today’s workforce mobility and financial pressures have disrupted those bonds. But continuity still matters: stable, trained teams consistently deliver higher quality, fewer claims, and stronger long-term value.
“It’s not just the structure you’re building—it’s the process. If the foundation of your team is unstable, the building might be too.”
The construction industry may never return to the era of the master builder, but by learning from the past, investing in people, and planning intelligently, it can move from dirt to done with fewer disputes and stronger results.
Originally reported by JD Supra.
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