The construction industry is all about working with and alongside numerous associates. Neither party would ever wish for a dispute to arise, however, when it comes to construction business, disputes are relatively common. Sometimes it’s a plain problem such as resolving the payment deadline, but very often some serious legal conflicts can arise. Disputes commonly don’t represent a breach of contract, but they are far from comfortable. Here are some of the most important tips from renowned construction lawyers that would help you successfully resolve any construction dispute.
Seek eloquent alternative dispute methods
The first thing that ought to be discussed is what resolving disputes works best in a given situation. It’s important to note that the litigation process is no plain sailing, and very often it can be long and with unpredictable outcomes. If there are any chances for both parties or construction companies to choose some other dispute measures such as oral agreement or an arbitration that could be done fast, then they should accept it. The reason behind this notion is privacy. Depending on the case and state’s law, most companies prefer to resolve their construction disputes out of the public’s eye.
Get advice from professional lawyers
Nowadays there are a plethora of buildings, houses, or other instructions being built across Australia, and if you come upon a conflict, you ought to seek out experienced legal counsel who would advise you on all the legal matters. If you call an expert building dispute lawyer from Sydney, for example, you would get specific legal advice related to that city or part of the country. Law acts and federal legislation could differ from city to country, and only professional lawyers from a specific region would know how a construction dispute should be handled. No matter the severity of the construction dispute, having an experienced law firm by your side is an advisable matter as they would adequately assist you in all spheres and guide you through all stages of the dispute.
Aim to document everything
Upon hiring expert construction lawyers, the very first thing they would ask you is to show you all the documents you have related to the building process. The most secure process is recording all the procedures, keeping all the papers, and later collecting all the documents and correspondence, meeting notes, blueprints, and other important things throughout. For every construction dispute each contracted party must give out evidence of the business made between them in order for the court to adequately solve the claim. Documenting everything will help you resolve construction disputes with ease and aid you in recovering damages make throughout that process.
Opt for negotiation
Negotiation can end up being a very smart and lucrative resolving technique in a construction dispute, depending on the type and severity of the issue. Negotiation is an inevitable part of any dispute, however, the parties can reach amicable conclusions between one another, and very often even come to a satisfactory outcome. Negotiation tends to be a less expensive, less time-consuming, and more effective dispute resolution method than mitigation or litigation, but it’s not always beneficial for both parties. However, if there are no results through negotiation, your lawyers would advise you for the next move.
Mediation and arbitration as resolving methods
Besides the most common and effective litigation and negotiation methods, some construction disputes are resolved through mediation or arbitration. Mediation entails involving a neutral third party to help with resolving the dispute. The advantage of mediation is that this method is not at all legally binding which means that there are no legally binding consequences which makes this method also popular among parties. On the other hand, arbitration is slightly different, here a certain arbitrator analyzes the situation and gives the final verdict to the conflict, usually, this is done by an official such as a judge. In both mediation and arbitration, the decisions that are made through those processes are legally binding in most jurisdictions. Parties participating in the construction dispute will most surely need to address disputes in a contractual way so there would be evidence of process and eventual resolution.
Ways to prevent construction disputes
In the end, the best way to resolve any construction dispute is to prevent it. Surely this is easier said than done, but not impossible. Establish stable and firm communication between your contractors. Ensure that things go according to plan by checking records, following letters and emails, keeping a diary, and addressing any probable challenges. Also, make sure that every project is neatly paid as agreed. Ensure that all payment terms are met, follow the contract between the parties, and keep records.
The success of any construction dispute depends on the severity of the issue and how well and fast you determine the problem. Anything could be resolved when you have good lawyers by your side, so make that your number one rule.
