Our Work - Examples

Here are some examples of how Business Dispute Management (BDM) has helped our clients:

A contractor and a Public Works and Government Services Canada (PWGSC) client department who each believe they are owed money

Issue:

  • A contractor approached BDM after numerous attempts to negotiate an agreement with the PWGSC client department,
  • The contractor believed he was owed compensation for a significant investment made to acquire an inventory to repair and overhaul specialized equipment,
  • The PWGSC client department believed it was owed compensation for the lack of delivery of service.

How we helped: The BDM practitioner liaised with the individuals by phone with the PWGSC contracting authority, PWGSC client department, and contractor to identify the outstanding issues. BDM conducted conflict coaching and a facilitated discussion, through which the BDM practitioner helped to diffuse tensions. This enabled the contractor and the client department to identify various options for resolution.

Outcome: With support from BDM, the individuals were able to have a more focused discussion and develop a settlement option for their business dispute. The contracting authority played an important role in reaching this outcome by following up with both the contractor and PWGSC client department after the facilitated discussion and supporting them in implementing the agreement.

A contracting authority seeking reimbursement for a defective product

Issue:

  • A PWGSC contracting authority called BDM wanting to assist a PWGSC client department that had paid a contractor for product which they later discovered was defective,
  • Faced with meeting operational requirements, the PWGSC client department was considering returning to the marketplace to find another contractor to obtain new product,
  • The contracting authority informed the contractor that their contract was terminated and requested reimbursement for the payment made for the defective product,
  • The contractor requested another opportunity to deliver on the contract.

How we helped: The BDM practitioner met with the contracting authority to review the situation. During the conversation, the BDM practitioner worked with the contracting authority to clarify issues and interests and reassess possible options. They explored the strategies the contracting authority was considering and helped to identify what needed to be negotiated between the contractor and the PWGSC client department. This exchange permitted the contracting authority to evaluate the strengths and weaknesses of each option thereby enabling the development of a better plan of action to manage the business dispute.

Outcome: The contracting authority was able to initiate a new conversation with the contractor better prepared to have the discussion and confident that a resolution was now a possibility. The situation was resolved.

A contractor seeking payment for extra work performed

Issue:

  • A contractor came to BDM after a number of unsuccessful discussions with a PWGSC client department regarding work performed in good faith to complete and deliver a product to meet a tight deadline,
  • The product was delivered on time and the project was deemed a huge success,
  • The extra effort expended by the contractor was in response to an unanticipated problem during the product development,
  • Both the PWGSC client department and contractor held the other responsible for this mishap,
  • The PWGSC client department believed that the contractor was obligated to assume the extra cost since it was a fixed price contract and the client's approval for the additional cost had not been sought,
  • All communication had ceased for a number of months and the parties were unable to overcome this obstacle,
  • Legal proceedings were being considered.

How we helped: The BDM practitioner liaised with the contracting authority, the PWGSC client department and the contractor to provide assistance to them in identifying the issues. At the request of the contracting authority, the BDM practitioner facilitated a discussion between the PWGSC client department and the contractor which enabled them to acknowledge the importance of maintaining a constructive and strong business relationship and recognize a number of options for meeting their interests and resolving their business dispute.

Outcome: The contractor and the PWGSC client department were able to develop an option that compensated the contractor for the extra work performed but at a rate more acceptable to the PWGSC client department. The contracting authority assisted by ensuring that the new rate was in line with the terms and conditions of the contract. Legal proceedings were avoided and these parties continue to work on other contracts together.