8 Measures Designed To Reduce Or Eliminate Disputes From 'Unforeseen Circumstances' In Commercial Construction Disputes

The nature of “unforeseen circumstances” often requires case-by-case analysis to determine cause & effect, making them more difficult to address in a contract.

MARLTON, NJ, UNITED STATES, August 20, 2026 /EINPresswire.com/ -- Even with careful planning, “unforeseen circumstances” on commercial construction projects are likely to be encountered. The very nature of construction involves altering environments by creating situations where complete conditions of the site and project may not be fully evident, from the start. “Unforeseen circumstances” can cause delays, disruptions, budget overruns, rescheduling, engineering revisions and other challenges, with the potential to change the scope, timing and outcome of the project and triggering disputes, that may even lead to litigation.

Unlike “force majeure” situations, that are both unexpected and also beyond the ability of humans to control, “unforeseen circumstances” are also unexpected, but potentially within the capacity to be handled, or even prevented, by those involved in the project, including owners, construction companies, project management and others. Compared to force majeure incidents, the nature of “unforeseen circumstances” often requires case-by-case analysis to determine cause and effect, making them more difficult to address in a contract. However, just because they might be more difficult to define doesn’t mean that management shouldn’t work to limit them.

“Although one may not completely eliminate ‘unforeseen circumstances’ on construction projects, one can more effectively take steps to mitigate their effects by taking a more proactive approach using pre-emptive risk assessment, engaged monitoring and effective communication,” said James F. Gallagher, P.E., F.ASCE and CEO of Resolution Management Consultants, a thought leader in construction dispute resolution.

To help reduce the negative effects of “unforeseen circumstances” on construction projects, Gallagher has identified eight measures that project planners and managers can implement to reduce or eliminate their impact. They include:

1) Taking a deeper dive into the contract at the outset.
Instead of simply updating boiler-plate legal verbiage relating to “unforeseen circumstances”, it will prove valuable to take time to more deeply and specifically consider risk potential and negotiate preemptive solutions or even take steps to prevent them.

2) Engage a 3rd party, at the project’s start, to provide an objective, global view of the project in order to make a preliminary risk assessment.
Virtually every project has its bottlenecks, but some can be identifiable at its start. Having an objective 3rd party make a proactive risk assessment before the project starts, can be quite valuable in minimizing or eliminating “unforeseen circumstances”.

3) Organize a dynamic, inclusive communications system among all participants.
Transparency is a key to success when overcoming “unforeseen circumstances”. Create a communications system that includes all participants and encourage people to actively communicate about their successes and challenges.

4) Organize a timeline road map and use it to manage whether the project is running smoothly or not.
When timelines are organized around each step of the process, it facilitates knowing when “unforeseen circumstances” are about to affect the outcome.

5) Make project goals and timelines clear to all involved.
Timelines are valuable, but unless every participant understands them and their position in the process, they will be less effective. Take time to make sure every participant understands the flow of the project and their part in making success happen.

6) Continually monitor progress throughout the project.
A construction plan and timeline are valuable only if they are continually monitored and managed throughout the process. Update the plan and notify participants continually as changes are made that might affect the plan.

7) Artificial intelligence can be a valuable tool to project how circumstances will affect outcomes.
Bringing AI into project management can recalibrate outcomes in real time, including change orders and “unforeseen circumstances”, and their ultimate effect on subsequent steps throughout the project. Shortfalls can be flagged earlier in the process, triggering immediate fixes, thereby reducing disputes and damages.

8) Circumvent “unforeseen circumstances” by preemptively developing remedies.
As we’ve said, “unforeseen circumstances” likely will happen. By anticipating them and proactively developing solutions, one can potentially minimize damages and disputes.

Although this list of eight points may not represent a complete list of actions to help reduce the effects of “unforeseen circumstances”. It should not be used as a substitute for insight to be received from a qualified attorney or expert consultant.

Said Gallagher, “Being proactive in reducing or eliminating the causes of unforeseen circumstances will go a long way towards increasing the timeliness, outcomes and profitability of commercial construction projects while reducing the likelihood of having disputes, including those leading to litigation.”
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About Resolution Management Consultants, Inc.
Resolution Management Consultants, Inc. (RMC) is a nationally recognized consulting firm headquartered in Marlton, NJ. There are two sides to the business: the construction planning and management aspect − helping clients build more successful projects − and the litigation aspect − should matters go to court, providing analysis and testimony as expert witnesses. Founded in 1993 by veterans in the construction, contracting and engineering professions, RMC has assisted numerous private owners, public agencies and contractors in either achieving project goals or resolving cost and time disputes between the contracting parties.

Resolution Management Consultants
5 Greentree Centre, Suite 311
525 Route 73 North
Marlton, NJ 08053

Email: philadelphia@resmgt.com
Phone: 800-390-8800
Website: https://www.resmgt.com

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Leo Levinson
GroupLevinson Public Relations
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