Resolving construction disputes can be accomplished through several forms, including litigation and alternative dispute resolution (ADR), that involve negotiation, mediation, and/or arbitration, with the most prevalent use of ADR being negotiation. Given the ever-increasing cost of litigation and arbitration and the time and increased expense to finding the right third-party neutral to mediate, more companies are beginning to realize that when disputes arise on a construction project under an existing agreement, solutions to those disputes can be resolved through negotiation. Most engineering and construction projects involve engineers in decision-making positions. Engineers are good at engineering and construction planning and execution, relying on their problem-solving skills to execute projects; however, they have little training in communication and no education, experience, or framework for designing a negotiation plan and instead may rely on their legal counsel to be the negotiators when disputes arise. Engineers should consider being the negotiator of disputes that arise because in most construction contracts there is a stepped dispute resolution process involving on-site personnel, and the project personnel are more often than not engineers at the decision-making level. Engineers are trained in engineering school to follow a disciplined process of analyzing facts and indentifying assumptions when solving problems. Engineers understand the issues underlying the dispute and understand the facts of what happened during the project. Thus, negotiation should be a forum in which an engineer can utilize his or her knowledge in preparing for negotiation with or without counsel depending on the individual project circumstance, similar to the steps that would be taken in preparation of the design and execution of a project. This paper focuses on the author's personal experience in employing negotiation techniques regarding an actual situation that arose on a major transportation project. This example will assist engineers in understanding how to successfully negotiate engineering and construction disputes by (1) discussing why negotiation offers a viable solution to resolving engineering and construction disputes, and (2) addressing how best to design a plan for negotiation for a successful outcome.

Galloway, P. D .,Kris, P. E., Nielsen, R., and  Dignum, j. L., ASCE Press, Reston, Virginia, 2013, ISBN 978-0-7844-1238-1 (Hard cover) USD 120, E-book (Forthcoming) ISBN 978-0-7844-7693-2 USD120.00 (PDF) .

The engineer's role in any design project is to design a project that meets the desired purpose, is constructible, and the health, safety, and welfare of the user is protected. Yet engineers do not always recognize the consequences of their designs. Civil engineering is a profession that holds life and death consequences. When engineers design a project, an error or mistake could result in property damage, personal injury, or death. Not understanding a product, while allowing its use, may equate to negligence if injury results. Not reading the product literature may also constitute negligence, should the product's failure result in injury or damage. When products fail the engineer may be deemed the responsible party. Many engineers do not understand, or appreciate, the differences between reinforced concrete pipe (RCP) and high density polyethylene (HDPE) pipe and the potential for liability when specifying each product. Whereas RCP is a rigid structure that is designed, built, and tested as a structure before it arrives at the construction site, the "structure" of HDPE pipe is actually built and tested in the field. Hence, HDPE pipe is not an "approved equal" substitute for RCR This paper reviews the critical aspects regarding the decision to specify corrugated HDPE pipe. Know the difference.

Presents a letter from Patricia D. Galloway and Patrick J. Natale, president and executive director, respectively of the American Society of Civil Engineers addressed to its members and the U.S. society regarding the challenges and the achievements of the organization.