Starting a construction project is often a major event. Much planning and preparing goes into a construction project, whether it is a house, commercial building, business or a high-rise. However, even with the most carefully planned construction venture, issues could present themselves. There might be delays, wrong material could be used, there are defects present or the job is not completed in accordance to the contract. This could result is serious disputes that could greatly impact the project.
How can you resolve a construction dispute? While there is no one way to solve a construction dispute, there are certain ways to address the problems present, calculate the damages and determine a fair resolution. The first way, which is the least formal method, is through negotiation. The parties involved could come to the table, discuss the matter and eventually come to a mutual agreement that will meet the needs of everyone.
However, when there is a serious or material breach in the matter, this might require a more formal method. The key in these situations is to seek acknowledgement. The breaching party should agree to resolve the dispute and acknowledge that there was in fact a breach.
Another method is mediation. The help of a neutral party could guide the parties through the process and help them reach a workable agreement. If it is difficult to resolve the dispute through this method, construction litigation might be the best course of action. While it is the most costly method, it is the best way to ensure a fair resolution is timely met.
No matter the cause of a construction dispute, parties involved should note that they have rights and options. While there are different ways to resolve such a dispute, not all methods are suitable. Thus, it is important to determine what method best meets your needs.
Source: Sourceable.net, “Effective Post-Construction Dispute Resolution Methods,” Howard Ryan, Nov. 17, 2015
