Jason Walden

Expert QuestionS & AnswerS

With your preconstruction and estimating background, how much of a project’s dispute risk is already locked in before ground is ever broken?

Most dispute risk, I would say around 80%, is locked in before crews ever reach the project site. The key is preconstruction discipline. This means managing the design against the budget to avoid rushed value-engineering efforts later, identifying gaps in scopes of work during buyout because disputes often arise between trades, and setting honest expectations from the beginning so scope creep can be managed through contingency as a known variable. Paying attention to these early details allows the field team to execute with precision.

In your owner’s representation work, where does the owner-contractor relationship most often start to break down, and how can it be caught early?

Owner-contractor trust often begins to break down with the first missed scope item and the change order discussion that follows. Neither party takes ownership of the gap, and both look to the other for accountability. Delays can then compound the financial impact until the issue is resolved. As an owner’s representative, our role is to identify potential gaps early and provide technical expertise or alternative solutions. This helps prevent either the owner or contractor from feeling forced into a decision and promotes shared accountability rather than avoidance.

You lead a group spanning MEPFP design, commissioning, sustainability, and due diligence — how does integrating those services reduce risk for a project?

Integrating MEPFP design, commissioning, sustainability, and due diligence under one banner reduces risk because that technical expertise informs all parties as the project develops, rather than after problems surface. Shared knowledge leads to more inclusive, coordinated solutions instead of siloed decisions made in isolation. When the design, commissioning, and sustainability teams communicate with one another, gaps can be identified before they become disputes, and all parties understand the reasoning behind the solution.

What’s the most surprising risk you’ve uncovered during a development risk assessment?

The most surprising risks usually aren’t hidden very deeply in the project documents. An estimate with no real detail behind the numbers, a drawing set that’s far less complete than the schedule would otherwise indicate, entitlements that aren’t actually secured yet – all are issues we’ve encountered. No one should assume someone else has the fundamentals covered. The real value in a development risk assessment is slowing down long enough to verify the basics before capital is committed.

What’s one thing every owner should insist on in a construction contract, based on the claims you’ve negotiated?

Owners should insist on transparency within the contractor’s contingency, with regular, detail financial tracking required. Owner’s should see what’s drawn, why, and what’s left, in real time. Contingency handled in the dark only leads to disputes and broken trust later. Contingency handled openly and transparently, keeps everyone accountable and project changes grounded in fact.

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