035 - Construction Disputes: How Claims Start and How They End

Construction disputes and construction claims are an unavoidable part of working in the AEC industry. Whether you're managing an active project or preparing for the ARE exam, knowing how to prevent, navigate, and resolve these situations is one of the most valuable skills you can develop.

Emily breaks down everything you need to know — from the difference between a claim and a dispute, to the Spearin doctrine, to how mediation and arbitration actually work in practice. Two case studies show how real construction disputes play out and what documentation made the difference.

📝 Key topics covered:

• What makes a construction claim valid (entitlement, causation, quantum, notice)

• The 21-day notice rule under AIA A201 and why missing it kills your claim

• Construction delay claims: excusable vs. compensable delay

• The Spearin doctrine and what it means for design professionals

• Mediation vs. arbitration: the key differences every ARE candidate needs to know

⏱️ Chapters:

(0:00) Introduction

(3:35) Claims vs. Disputes: Key Definitions

(7:44) Common Construction Claim Types

(13:22) The Real Cost of Construction Disputes

(19:48) Case Study: Design Error Claim

(22:42) How to Prevent Construction Claims

(29:14) Case Study: Construction Delay Claim

(32:40) Dispute Resolution: Negotiation to Litigation

(37:18) Spearin Doctrine and Project Delivery

(41:18) Key Takeaways

📖 Read the full blog post

📝 Download the FREE Claims and Disputes study notes

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📚 Individual ARE Exam Courses:

CE 101 (Construction and Evaluation)

PjM 101 (Project Management)

PcM 101 (Practice Management)

AIA Contracts 101

CDT 101 (Construction Documents Technologist)

CCCA 101 (Construction Contract Administration)