Make customers confront issues--in writing

In a multimillion-dollar dispute between an owner and a contractor, it appears that both sides had very different ideas about what they were agreeing to, right from the start. Although both should have seen the gaps and done something about them, this never happened. It was only when things went bad (the project cost more and took longer) that they faced their miscommunications. Lawsuits have been on file for three years, two arbitrations conducted and many, many dollars spent unraveling what happened. The story started out like so many others - people who know and respect each other decide that they can undertake a project for their mutual benefit and profit. Because they are sophisticated businessmen, they don't need lawyers to complicate their deal with lots of paperwork. They embark on a handshake. If there is an overall lesson here it is to talk through potential issues in advance. Questions to consider are presented.