Subcontractors, suppliers, architects, engineers, and other "Lower Tier" parties
should be wrapped into the dispute resolution process as early as possible, working in parallel with primary dispute resolution efforts.
The Lower Tier Parties actually performed the work and, as a result, they are in the best position
to understand the details of the project, what may have gone wrong, and the most effective way to make repairs.
Lower Tier Parties may be called upon to underwrite a portion of the settlement agreement, and having their input, guidance, and "buy-in" earlier in the process will expedite overall case settlement.
Input from Lower Tier Parties is sometimes under-utilized, but the accuracy of Lower Tier Party information can guide settlement negotiations toward a more equitable solution.
Resolution is more likely when parties know that a proposed solution accurately reflects reality.
Lower Tier Issue Review provides a framework for a negotiated, mediated, arbitrated, or litigated solution that is firmly grounded in reality.