How Can A Lawyer Help Resolve Construction Contract Disputes?
By: B. Craig Gourley
Construction contract disputes can be time-consuming and frustrating. That’s why both parties should ensure that the necessary contingencies are addressed in the contract before entering into it and that there’s a meeting of the minds.
However, even with these contingencies, disputes are not unheard of in construction contracts. When they do occur, the next best course of action is to involve a construction lawyer to ensure amicable solutions and keep the project from stalling.
What Are The Common Types Of Construction Contract Disputes?
Various issues can arise with construction contracts. Some of the common types of disputes you can experience when handling construction contracts include the following:
Delay Disputes Delay disputes usually arise when the project starts to fall behind schedule. The reasons for this may vary and include weather conditions, changes in the design, and lack of materials, among others. The contractor may seek compensation for delays that are not their fault, while the project owner may want to impose late fees.
Cost Disputes Cost disputes are pretty common and often result from change requests by the project owner. They may also arise from unforeseen circumstances during the project. How these costs are covered and shared can be a major cause for the dispute.
Quality Disputes Quality disputes mainly occur towards the end of the project. Some aspects of the project may not meet the standards agreed upon in the contract. In many cases, such disputes require expert intervention and evaluation to assess the quality of work and determine responsibilities.
Interpretation Disputes Interpretation disputes can arise when specific clauses in the contract are unclear and parties differ in their Unclear contractual texts can lead to misunderstandings and different interpretations between the parties.
Why Do Construction Contract Disputes Arise?
Understanding the cause of construction contract disputes can help you avoid the disputes and even come up with solutions to current ongoing disputes. Some of the reasons you may end up in a construction contract dispute include:
Poor communication between the subjects in the contract.
The contract not being clearly worded leads to conflicts in interpretation
Repeated requests to change the design or scope of work without prior agreements on how to handle these changes.
Delays in various phases of the project, such as delivery of materials and project implementation.
Poor project management
Inaccurate initial cost estimates and additional expenses
Lack of clear responsibilities for the parties
Conflicting interests
How Can A Lawyer Help You Solve Construction Contract Disputes?
One of the best ways to handle construction contract disputes in Snohomish, WA, is to work with a construction law attorney, preferably from the drafting of the contract. Many disputes can be avoided if the contract is comprehensive and clearly and transparently detailed, detailing each party’s responsibilities. If you find yourself in a contract dispute, a construction law firm can still help by taking you through the different phases of dispute resolution and representing your interests. The construction attorney can help you in various ways, such as:
Negotiation One of the easiest and most efficient ways to resolve a construction contract dispute is through negotiation between the parties. Having a lawyer can ensure the negotiations stay on track and you can reach a mutually beneficial resolution.
Mediation With mediation, you need an independent mediator to assist you in reaching an agreement. Having a construction contract disputes attorney can ensure your interests are considered, and the dispute is resolved with your interests in mind. Mediation is also efficient and saves both parties from formal litigation.
Arbitration This process is mainly used for payment disputes in construction contracts. It involves arbitration and provides a binding determination within a short time. You will need a lawyer to present your interests and make your case for consideration and determination.
Litigation If other methods are unsuccessful, litigation may be the last option. A construction contract lawyer will help you initiate the legal proceedings in court, gather evidence and represent you in court.
How Can You Reduce The Possibility Of Disputes Arising?
One of the most effective uses of a construction contract lawyer is during the drafting of the contract. Most disputes can be avoided if you have a clear and detailed contract, and this is where you can get the most out of a lawyer.
Having a good contract not only avoids disputes but also keeps the project on course without the additional costs of negotiations and litigation.
Here are other ways you can avoid construction contract disputes:
Make adequate planning before beginning the project. This should include weather forecasting.
Be diligent in pre-construction work and have realistic expectations
Providing any relevant documentation and securing licenses in good time
Dealing with problems when they arise without postponing them
Consulting specialists adopting effective solutions and maintaining transparency.
Get Ahead Of The Disputes: Call Gourley Law Group
Construction contract disputes can have far-reaching financial and time effects on a project. Whether you’re the contractor or the project owner, having an attorney who represents your interests can ensure you leave the table whole and with your interests taken care of.
For sound construction contract drafts and dispute resolutions, contact us today at (360) 323-2885. Enjoy the benefits of working with an attorney who focuses on contract law and can deliver custom solutions for contract disputes.
Gourley Law Group, we practice a wide range of law, including Real Estate, Business, Taxation and Personal Injury. We’re the creative problem solvers who give practical legal advice to clients.