KGA, Inc. Construction and Evironmental Consultants

Preemptive Dispute Resolution

Traditional methods of dispute resolution involve a "lawyerized" process that generally doesn't serve the primary interest of the people directly involved. Those with the most at stake typically end up with the least. There is a better way!

KGA has developed a preemptive dispute resolution process (PDR) that resolves conflicts swiftly, saving time and money. PDR provides an effective means of resolving construction disputes, including conflicts over the scope of work, clarity of contract documents, delay/disruption and owner-directed changes. Other applications of PDR include real estate transfer disclosure disputes.

How Does PDR Work?

KGA directs step-by-step process toward an efficient resolution of the dispute.

• Neutral Technical Evaluation (NTE)
Parties involved in a dispute submit written claims to the KGA project neutral for evaluation

• On-Site Mediation (OSM)
A trained KGA mediator facilitates resolution of the dispute with project field personnel following the NTE

• Executive Party Mediation (EPM)
If a further mediation is necessary, KGA will bring together and facilitate negotiations between the executive decision makers (within days of the on-site mediation)

• Arbitration
Most disputes are resolved prior to this step. If necessary, a trained and experienced KGA arbitrator will resolve the remaining issues following the executive party mediation

Experts

Why chose KGA as your project neutral? Because KGA knows construction. We are:

• Licensed Contractors
• Professional Cost Estimators
• Certified Professional Estimators (ASPE)
• Licensed, Registered Professional Engineers
• Certified ICC/ICBO Code Experts and Building Inspectors

Neutral Designations

KGA's vast construction knowledge has been coupled with our arbitration and mediation expertise.

• Arbitrator for the Contractors State License Board and the American Arbitration Association
• Mediator for the Orange County Superior Courts, Los Angeles County Superior Courts, California Department of Insurance and the Orange County Chapter of Community Associations Institute (OC CAI)
• Independent Insurance Appraiser and Umpire
• Independent Court Appointed Technical Expert
• ADR Professional for the Arbitration Mediation Conciliation Center (AMCC)

Selecting KGA as the project neutral in your construction contract ensures effective resolution of construction disputes while keeping your project progressing towards its timely completion.