Collaborative Construction Claim (CCC) Process

Roy E. Wagner
Von Briesen & Roper, s.c.
Chair - Construction Law Section
411 E. Wisconsin Ave., Ste. 1000
Milwaukee, WI 53202
rwagner@vonbriesen.com
 

John W. Hinchey
JAMS International
Chartered Arbitrator, CIArb
One Atlantic Center
1201 West Peachtree, NW, Suite 2650
Atlanta, GA 30309
jhinchey@jamsadr.com


 

On October 6, 2016, at the Forum’s Fall Meeting, Roy Wagner and John Hinchey presented at the Division 1 Lunch Program. The Program was on the Collaborative Construction Claim (“CCC”) process. Division 1 members and guests learned that CCC is a party and lawyer-driven process to identify construction disputes and issues, followed by a collaborative process to solve those disputes by utilizing several different “currencies.” If allocation of financial responsibility cannot be achieved by the parties and lawyers, a neutral is engaged to push the deal over the goal line. The goal is to minimize attorney and expert fees and achieve a better and quicker net result.

The Program detailed how to implement CCC successfully and highlighted advantages such as the potential to fast track and that CCC fosters maintaining relationships on long term on-going projects. Further, the lawyer in the process is viewed as a problem solver, not a claims process beneficiary. The Program concluded that CCC is a lawyer driven, flexible and resolution centric process that reduces legal and expert fees, and leaves more money for repair and settlement.  If unsuccessful, CCC efforts can be leveraged for the claims process.

The Program was well attended and well received by the audience. We were thrilled to have knowledgeable presenters such as Roy and John at our lunch Program and thank them for their contribution to Division 1.