Disputes With Construction Contractors
When a small business or individual chooses to expand or upgrade a property, they often hire a construction contractor. Before starting construction, both parties should sign a contract that details key aspects of the project, including what will be done, the expected timeline for construction completion, what the project will cost, and when payments are due.
It is not unusual for construction projects to hit unexpected issues. When these types of situations arise, disputes may develop. Disputes with construction contractors can lead to project delays and other problems. The business litigation attorneys at Froerer & Miles, which serves Ogden, UT, Layton, UT, and surrounding areas, assists clients in settling construction disputes so that further damages are not incurred.
Common Types of Construction Disputes
There are a lot of uncertainties involved in construction projects. Despite planning, it is not unusual for plans to change or for issues to develop. When a construction project does not go exactly as planned, disputes may arise. Some of the most common types of construction disputes include:
- Change of finish date
- Project delays (which can lead to a change of finish date)
- Design mistakes
- Design or plan changes
- Poor quality of materials
- Failure to properly assess project risk management (the project is more difficult than expected)
Resolving a Construction Dispute
Construction disputes are not unusual, and they may be resolved without substantial losses for either party, but only if they are handled in a timely manner. There are generally four ways to resolve a construction dispute: negotiation, mediation, arbitration, and litigation.
- Negotiation: It is usually best to attempt to resolve a construction dispute through negotiation. Negotiation is amicable and it is the fastest and most affordable way to settle a dispute. Negotiation allows both parties to work between themselves to come up with a fair and equally beneficial resolution to a construction dispute.
- Mediation: If the parties cannot resolve a dispute on their own, they should consider mediation. During mediation, both parties meet with a neutral third-party to attempt to resolve a dispute. Mediators do not make any ruling regarding a dispute, but they encourage compromise so that parties can come to a mutually beneficial agreement.
- Arbitration: If a dispute cannot be resolved through mediation, most contracts require that parties go through arbitration before filing a lawsuit. Arbitration is similar to mediation in that both parties work with a neutral third-party to resolve their dispute. However, unlike a mediator, the arbitrator is able to make a ruling regarding how the matter should be settled.
- Litigation: Litigation involves filing a legal claim, or lawsuit. Litigation is often the slowest and most costly method for resolving a construction dispute, but it may be necessary if other methods are not successful.
Do I Need An Attorney?
No matter how a construction dispute is resolved, it is beneficial to have an attorney on your side. The small business litigation attorneys, such as those at Froerer & Miles, understand business law and contract terms. Our attorneys assist our Ogden clients in resolving disputes in a way that protects their rights and minimizes or prevents losses.
If you are struggling to resolve a dispute with a construction contractor, it is a good idea to have a knowledgeable attorney on your side. To learn how the small business litigation attorneys at Froerer & Miles can be of assistance, send us a message online or call (801) 621-2690 to schedule a legal consultation.