DMA Dispute Management & Avoidance

the comprehensive litigation alternative

Providing fair, reasonable & rapid solutions to construction-related disputes.

trustDMA.com /  1 (800) 754-5433

The DMA Dispute Management & Avoidance philosophy is to nip trouble in the bud.  Before issues becomes fully embroiled into a battle of Win or Lose, disputes are resolved by a neutral third party, emotions are curtailed, the relationship and the project can continue.

More and more people are adopting Arbitration as the means to resolve their disputes.  Participation in arbitration is entirely voluntary.  At any time parties can mutually agree to arbitrate their differences instead of suing

each other.  The construction industry is particularly suited for arbitration.

Most construction contracts allow the contractor to legally stop work for a number of reasons such as non-payment.  The owner may be holding back payment for what they feel is poor workmanship, or other reasons.  A stalemate ensues and work at the project comes to a halt.  Bottom line, everybody loses, costs rise, profits disappear.

Large construction projects utilize DRB’s (Dispute Review Boards) to settle disputes as they occur.  The latest method for insuring that projects move

along smoothly without delays caused by disputes, is the use of a DRB.  On a days notice, the DRB steps in and settles the dispute as the project is under construction.  The decisions of the DRB are binding.  The dispute is settled immediately, and the project continues on without delay.

On large scale construction projects, the owners, the general contractor, sub-generals, subcontractors, and material suppliers, all sign an agreement to submit to the authority of the DRB.   This technique has proven extremely effective for all the

parties involved, and is becoming “the standard” in the way large scale construction is conducted.

The problem is that there has never been a cost effective way for the small contractor to take advantage of the same dispute avoidance methods practiced by the larger companies, until now.  DMA Dispute Management & Avoidance is an arbitration tribunal providing the smaller contractor and owner the same protection, peace of mind, and benefits as the large companies.  DMA Arbitrators are experienced licensed professionals, expert in their field, who are also trained and certified arbitrators, providing neutral expedited binding arbitration.  The DMA Arbitrator’s are “on call” and are available to  provide expedited, on site, binding dispute resolution during the time the actual physical construction is taking place.  Like the saying goes, “An ounce of prevention is worth a pound of cure.”  It’s like “triage” for the construction industry, and it’s long overdue.

The On Site Hearing can resolve disputes about contract interpretation, quality of work, payment, responsibility, or a number of other disputed issues commonly related to construction.  Disputes can be resolved immediately and fairly by a neutral third party, and the project can proceed without delay.  The hearing may be informal, but the decision shall be binding, and enforceable by the courts.  Unlike a typical arbitrator,  who can an only award monetary settlements (after the fact), the DMA Arbitrator is also an expert in the field of construction, and can direct the contractor to perform work while the project is still under construction.

When the parties contract has a DMA Dispute Management & Avoidance arbitration clause in it, both the owner and the contractor are provided with a predetermined course of action.  Both parties avoid delays, avoid problems escalating, and avoid the costly and timely affair of later litigating or arbitrating after the fact.  Before the issue becomes fully embroiled into a battle of win or lose, the dispute is quickly resolved by a neutral third party, emotions are curtailed, and the

relationship and the project can continue.

The reason that this method is so successful is that the DMA Arbitrator is an experienced construction professional who understands the construction process.  No time is wasted “educating” the arbitrator.  The DMA Arbitrator can quickly and fairly base their neutral decision solely on the facts as represented to them by both parties.  The hearing will take place directly at the site whenever possible.  The DMA Arbitrator can see for themselves exactly what is at issue.  If "a picture is worth a thousand words," a visit must be worth a million.

It is the simplest, fairest, and most cost effective way to quickly resolve a construction dispute.  Best of all, the business relationship between the parties can continue.  Virtually all other methods of dispute resolution end with the end of the relationship between the parties.

No matter how careful the parties to an agreement are, disputes will occur.  Furthermore, problems tend to escalate when they are not resolved quickly.  Project delays, due to a dispute, benefit neither party.  Costs escalate, profits disappear.  "Nip trouble in the bud," and the project, and the relationship can continue.  Save time and money by using

experts in the field of construction as the Arbitrators, and hold the hearing directly at the jobsite whenever possible.  Expose the facts quickly and efficiently, then judge the case solely on those facts.  Specify DMA Dispute Management & Avoidance for all your dispute management and avoidance needs.