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"THE SIZE OF THE ARBITRATIONS AND
THE COMPLEXITY OF THE CLAIMS REALLY
CALL FOR A DIVERSE AND LARGE GROUP
WITH VERY STRONG BENCH STRENGTH"
Joe McArthur
BLAKE CASSELS & GRAYDON LLP
think a COVID claim is going to come
in, another variant hits and something else
changes." She adds that parties planning on
pursuing claims may be waiting to see how
circumstances unfold
before moving ahead.
ough one has
yet to emerge, Carew
says parties are consid-
ering force majeure
claims related to mate-
rial shortages and
price increases associ-
ated with the war in
Ukraine. "is being a
war, it falls pretty squarely into the defini-
tion of force majeure." Supply chain issues,
in general, are causing a "huge rise" in
disputes, she says.
Vogel has seen the impacts of the Ukraine
war on several projects with which she is
involved. She expects claims to emerge
down the road.
Labour shortages and high turnover of
senior-level talent at large construction
companies are also driving disputes, says
Carew. Worker scarcity delays projects, and
when a project manager gets poached in the
middle of construction, the chances of defi-
ciencies and project failure will increase.
When a company has had three project
managers, she says that representing them
is more difficult. "If a claim comes up, and
you've lost all the people who have knowl-
edge of the facts, it can be very difficult
either to prosecute or defend that claim."
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