By Leslie King O’Neal
Front-End Alignment Keeps a Car on Track
If your car is pulling to one side, the steering wheel is vibrating and the tires are squealing, these are signs the car may need a front-end alignment. With a proper front-end alignment the vehicle tracks straight and maintains predictable steering, making it easier to drive the car safely. Keeping the wheels aligned ensures vehicle safety, reduces unnecessary strain on the steering and suspensions systems, extending the tires’ lifespan and reducing maintenance costs.
Can “Front-End Alignment” Prevent Construction Claims?
In a recent article, well-known construction lawyer and dispute resolver, Ava Abramowitz[i] describes her experience using the concept of “front-end alignment” on construction projects to prevent claims.[ii] She and her husband have used this approach on eighteen design and construction projects of varying sizes with no change orders, no construction change directives and no claims of any kind. Project “front-end alignment” keeps the project on track and reduces unnecessary strain on the project team as well as reducing potential claim-related costs.
It’s a Team Effort
Everyone involved in the project—owner, architect, engineer, contractor and sub—is an integral part of the team with the goal of project success. Also, the team does not talk “Blame,” it only talks “Cure.” This encourages team members to bring their “small p” problems to weekly team meetings, so they can be dealt with immediately. Delaying disclosure allows “small p” problems to become Big Problems, leading to disputes.
Dispute Prevention—Solving Small Problems Early
A core principle of dispute prevention is solving “small human problems before they become larger, deal-killing problems.” [iii] In Ava Abramowitz’s article, she cites a draft paper that found in every large claim there was someone connected to the project who knew there was a problem to be addressed but who did not have the power, position or skill to tell the proper parties. An example was the deadly failure of overhead walkways at the Hyatt Regency Hotel in Kansas City, where engineers made design changes for connection points to the walkways without a proper structural analysis. Lack of communication between engineers, fabricators and contractors led to the failure.
Tearing Down the Silos
“Silo thinking” is a mindset where departments in an organization refuse to share information, goals, or tools with others. In the “front-end alignment” approach, parties are not allowed to use silo thinking because “more value is created between the silos than within any one silo.” Also, “more claims are created between the silos than within any one silo.” The approach works on larger projects as well as smaller ones. Scott Stenman of Ryan Companies, whose average project is $40 million, stated, “Compared to my previous experiences with other approaches, this collaborative approach is more likely to lead to a successful project and makes for a better experience for everyone involved.”
Start With Commitment to Shared Goals
The project starts with team members agreeing to shared goals. Some may recall the use of “partnering” in construction projects back in the 1980’s, which had a similar approach. This shared partnering commitment is part of every contract: “The parties agree that the contract shall be performed within an environment of mutual trust, commitment to shared goals, open communication and dedication to addressing problems and issues as soon as they arise or are otherwise discovered. . . . We further agree that problems or concerns that newly arise between meetings shall be brought to the other parties’ attention within 24 hours of discovery so they can be addressed as soon as possible. . . . Our focus at that meeting and all meetings will not be blame but cure.”
Is It Worth It?
As one author noted, it is difficult to quantify the value provided by a specific dispute prevention method.[iv] Ava Abramowitz points to her eighteen claim-free design and construction projects. Intel, which used a project neutral on all its construction projects for six years, had a similar experience. An Intel representative, commenting on its $18 billion in construction projects with only one small claim, stated, “It is difficult to quantify exactly the money saved, the disruption avoided, and the relationships saved from litigation that did not occur. But an almost total absence of litigation on over 18 billion dollars and six years of construction is a striking statistic.”[v]
Takeaways
- Aligning the project team and its goals at the beginning is key to a successful, claims-free project.
- Open communication (no blame, only cure) allows early resolution of “small p” problems before they become large, deal-killing problems.
- Dispute avoidance saves valuable relationships as well as time and money.
- Controlling the Cost of Conflict, a book by Karl Slaikeu and Ralph Hasson, provides tools for organizations to improve their internal systems for conflict and dispute resolution. It’s an excellent resource for lawyers and business leaders. See prior post ADR Summer Reading List, for more information on this and other books.
[i] linkedin.com/in/ava-abramowitz-73996410
[ii] Ava J. Abramowitz, Front-End Alignment: The Tool for Preventing Design and Construction Claims, The Construction Lawyer (Winter 2026).
[iii] Joan Stearns Johnson, Less Litigation, More Business Purpose: Leveraging Dispute Prevention to Preserve Business Relationships, 19 U. Mass. L. Rev. 323 (2024).
[iv] Id. at 344.
[v] Id. at 345, quoting, Howard Carsman, Intel Global Construction Claims Manager.