RICOP Construction Blog DEALING WITH CONSTRUCTION DISPUTES

Just like any other business, the construction industry is often involved in litigation. Materials, breach of contracts and labor costs are the common causes of disputes. During projects legitimate and well qualified contractors are always open to discussion, this is important as it helps in preventing any form of disagreement. But dealing with inexperienced contractors might be stressful especially when their work performance is questionable. Finding yourself in the middle of a dispute might make you to feel very uncomfortable. How do you prevent these disputes from ever occurring or resolve disputes without necessarily going to court? Making sure that your contract is well-written, signed, dated and bound tightly is the first step you might take in order to prevent construction disputes. Apart from the contractor and yourself, a third party should be involved preferably a qualified attorney. Writing construction contract with the help of a good lawyer will always prevent such disputes. In case of disputes, review the contract and check how the clause explaining how to resolve disputes states. It should describe how to initiate and undergo the process and state the person who should act a neutral party. But first try to solve the matter informally by negotiating with your partner and try to reach an agreement. The best way to do this is by asking for meeting in a neutral place. Both of you should be ready to understand each other and settle the dispute. If this doesn't work then the other two common dispute resolving procedure you might try are arbitration and mediation.Seek legal advice from your attorney who had written the construction contract. The lawyer should be able persuade both of you to make the same commitments for the same reason. An alternative to this is contacting a dispute resolving service. Check for such in your state and inform them about your situation. This service has their own rules and procedures they follow while solving such disputes.If all these attempts fail then you might consider filing a law suit. Your state bar association should provide you with a list of qualified attorneys who specialize in construction and contractor law. Check the lawyer's records to confirm whether he or she has won such cases in the past. If they have dealt with such cases successfully then they can handle yours too. Talk to your lawyer about the dispute; tell him everything about your contract and how you want the dispute to be resolved.