In this episode, Paul is joined by Mark Holden-Smith, Chartered Quantity Surveyor, Registered Adjudicator, Registered Arbitrator and Director of Holden Smith Consultancy, for a deep dive into one of construction's most misunderstood topics:
Why do so many final accounts end in dispute?
Having progressed from labourer and plasterer to Managing Director before specialising in claims, dispute resolution and adjudication, Mark brings a unique perspective from every corner of the industry.
The conversation explores why difficult final accounts are rarely caused by the final account itself. Instead, the root cause is often found months or even years earlier — in misunderstood contract terms, ambiguous documentation, and a failure to properly administer the contract from day one.
Paul and Mark discuss:
- why most disputes originate during procurement and contract formation;
- the importance of understanding what you've actually signed up to;
- why "being contractual" shouldn't be viewed as a negative;
- the delicate balance between practising the contract and maintaining relationships;
- how leverage is created through strong contractual positioning; and
- the habits that separate commercial professionals who resolve disputes from those who create them.
The discussion also challenges common industry behaviours, including the tendency to leave difficult issues unresolved until project closeout — often turning manageable disagreements into major disputes.
The message is clear:
the best way to resolve a difficult final account is to stop it becoming a difficult final account in the first place.
A practical and insightful conversation for QSs, Commercial Managers, Commercial Directors and anyone responsible for protecting commercial outcomes on construction projects.
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📥 Plus: Grab Paul’s free new eBook Mastering Construction Procurement — link below:
Mastering Construction Procurement Strategies for Supply Chain Integration, Tendering, and Commercial Success
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