Resolving a Contract Dispute at the University of Nebraska-Lincoln (UNL)
This project involved the construction of a rooftop cover completed in 2010. Following project completion, the contractor submitted a claim for additional compensation related to rain days incurred during construction.
Managing the Dispute
As the Director of Facilities Planning and Construction at UNL, I oversaw the University’s response to the contractor’s claim. While the contract clearly defined the number of covered rain days, the contractor sought additional compensation for what they believed were unforeseen weather delays.
Mediation and Resolution
To achieve a cost-effective and timely resolution, I proposed entering mediation with the contractor. During the mediation session, the contractor presented their request for additional compensation to cover alleged lost productivity due to rain. Based on the clear contractual terms regarding rain delays, I recommended the University’s position be upheld. We conveyed to the mediator that all rain days were already covered as per the contract, and litigation would be the next step should they choose to pursue further claims.
The mediator then presented a counterproposal: requesting the University cover the contractor’s legal fees incurred during mediation. Following consultation with the University’s legal counsel and the President’s office, a decision was made to approve this proposal. This agreement facilitated a cost-effective resolution, avoiding the potential time and expense of further litigation.
