Common Sense Construction Dispute Resolution
Common Sense Construction Dispute Resolution
Common Sense Construction Dispute Resolution is for homeowners, contractors, suppliers and architects. Most home renovation projects end by completing the contract and when the final payments are made to all parties involved in the construction or remodeling of a project.
A small percentage of projects sometimes end in a dispute over money, scheduling or the quality of workmanship. Solving a home improvement dispute can be a difficult problem if the parties are not civil and do not have a goal of resolving the dispute.
When legal actions are taken, a lawyer search can be an added expense that should be avoided if possible. Disputes sometimes end in litigation by one or more of the parties. Litigation can be an expensive and a time consuming matter in addition to delaying the completion of a project.
In a construction dispute any attempt to come to an equitable solution will be important to all parties. Many times construction disputes can be resolved if the parties are cooperative, reasonable and can find a way to work together prior to contacting a lawyer or proceeding with litigation.
Let’s Briefly Discuss The Above Situation.
Cooperative is trying to understand the situation and that the problems can be solved in one way or another. Being fair, patient and professional will be helpful to coming to a final solution.
Reasonable concerns are that many times the problem will require additional cost. The question is how much and who will pay for the additional cost when all the facts are presented? Sometimes the parties cannot arrive at an agreement to solve the problem and litigation may be considered if a solution is unachievable, sorry to say.
If the parties can agree to item 1and 2,there is a very good chance that the problems will be resolved. The parties must be respectful to each others interest in coming to an equitable solution.
An agreement as to what the problems are and a determination as how to best remedy the construction problem is important. A cost estimate of the work required to rectify the situation needs to be considered at this time. The worst scenario would be if all of the above fail.
The next step prior to litigation would be to call for a third impartial construction expert agreed to by all parties in an attempt to arbitrate a solution. This expert, a construction manager or an architect, can help to propose a solution to the problems.
This method is recommended if the parties cannot mutually agreed to come to an agreement prior to contemplating a lawyer search and starting a litigation process. Arbitration can be accomplished at a lower cost than taking the path of litigation. Litigation should only be the last resort.
Keep in mind that litigation is expensive and time consuming. In the end most cases end in a settlement or a judgment, this after paying expenses for lawyers and other legal entities. In some disputes owners have lost in court simply due to a misunder- standing of the contract documents.
On remodeling projects one should be aware that encountering unknown and unseen conditions can be a reason for a dispute as to the additional work that is required to correct the hidden conditions. Many times there is additional cost to the project not covered in the agreement.
In conclusion, consider that the construction industry is quite complex at times and that each project is different. Homeowners when considering a home renovation project need to do their homework. It is very important to select an experienced contractor having good references and a good reputation for honesty and quality work that is produced.
Get competitive bids, question the contents of what the contract proposal includes and check references as best as you can. Be cautious of how much of a down payment a contractor wants prior to starting the project.
Request a schedule and a payment estimate on the cost of material and labor to give you an idea of how much to pay on the progress of the project. Establish who pays for permits, unit prices for extra labor cost and mark ups for labor and material on extra work prior to signing a contract and starting the work.
In closing , hopefully the home renovation Common Sense Construction Dispute Resolution article will assist you in completing your project to a successful ending.
Your Author Jon Ewall
Jon's website http://www.chicagoconsultant.com/page1.php
Your author is a online marketing consultant of products offered on the internet. Jon’s website blog contains a variety of interesting subjects and articles that he has written