Kenneth Stiles Advisory, PLLC

Construction - An Interconnected Web of Risk

The people involved in construction are right now, around the world, putting in their last effort to carve a piece of stone, to erect a column, to move earth, to get the job done, all in an effort to construct something much bigger than themselves.

​

Matt's interest in construction began at the age of 15, working alongside his uncle in the construction of institutional, commercial, industrial, and residential projects across the city of Ottawa, Ontario. Since then, Matt has worked on construction projects across North America, from multi-million dollar hydro-electric power plants for Ontario Power Generation, to infrastructure projects for Public Works Canada. 

​

Matt has stepped in the boots and walked a mile in nearly all perspectives on a construction project. From general laborer on residential retrofits, to project engineer on a multi-million dollar infrastructure project, to operations superintendent on a billion dollar mine expansion project, to counsel on complex disputes.

​

Construction at every level is fraught with risk, which is the effect of an uncertain future on the plan to get the job done. In this sense, successful contractors must be futuristic. They must look into the future to ask and answer the question: "What if?" All parties-without exception-assume some risk in the game of construction. And as the complexity of construction increases, so too does the risk of dispute.

 

The first step in resolving any dispute is to answer the basic question: "What happened?" But, in construction, the answer to that question is rarely basic. Disputes in construction, involving diverse owners, professional managers, architects, engineers, builders, tradesmen, insurers, sureties, lawyers, and many others, is fundamentally complicated by differing world views. Construction professionals are pragmatic, they view facts in light of the immutable laws of nature; whereas lawyers view facts in light of the indefinable and illusive concept of Justice. Degrees in engineering, economics, and the law, and over 20 years of experience working in construction has helped Matt to understand both perspectives. And this understanding is essential to resolving, and to avoiding, disputes in construction.

​

Abraham Lincoln once said: "Persuade your neighbors to compromise, point out to them that the nominal winner is often the real loser--in expenses, fees, damaged relationships, and a waste of time." Following Honest Abe's wisdom, Matt is committed to helping all parties in the construction industry avoid disputes. But if they do occur, Matt is dedicated to helping deliver a fair, equitable, and just resolution, which ultimately strengthens and not destroys the very relationships necessary to build a society much bigger than ourselves.

Up-Stream Services

​

- Contract selection and strategies

- Procurement methods

- Pricing determination

- Drafting contracts

- Contract review

- Risk analysis

- Negotiating contracts

​

​

 

 

Mid-Stream Services

​

 - Risk management

 - Contract administration

 - Issue spotting and resolution

 - Dispute avoidance