A Look at Common Construction Disputes Part 2
Due to tight deadlines and various moving parts, we know that over the course of a construction project disputes can be difficult to avoid. Our Lakeland construction attorneys have represented countless clients involved in various types of construction disputes, so we understand what it takes to mitigate them. We conclude our two-part article with the remaining list of disputes that are common to the construction industry. Visit Part 1 for the beginning of the article.
Too Many Changes
The original contract drafting includes a detailed Scope of Work, but what transpires many times along the course of a project is changes related to extra work, pricing changes, and time extensions. This ultimately alters the original Scope of Work. Whether significant or minor, changes orders need to be done with precision. While it’s expected that changes may need to occur, too many change orders pose problems that can affect the overall budget and completion of the project. If not handled properly, contractors and owners end up seeking out a dispute resolution.
Money is a delicate issue and a source of contention. Most payment issues are frequently seen between owners and contractors regarding progress and final payments. Other payment issues arise when subcontractors and suppliers aren’t paid. Most construction professionals know what mechanic’s liens are and are wise to avoid them. Failing to pay contractors, subcontractors, and suppliers can leave the property vulnerable to a lien which can lead to foreclosure. It’s important to remember that a smooth project completion occurs when the finances are in order.
If the finished project fails to perform according to design plans and specifications prepare for a defect dispute. Defects can be discovered immediately or later on down the line. You can read about latent and patent defects in one of our previous articles. Either way, provisions should be made to correct the defect either through repair or replacement.
Construction disputes are inevitable, but if you want to settle any disputes that you may be involved in amicably, contact a Lakeland construction attorney to discuss appropriate negotiation strategies for your situation. Your due diligence will help you to avoid costly disputes and disrupting the entire construction operation.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.