Tips for Successfully Dealing With Construction Disputes
The construction industry revolves around partnerships. Contractors, sub-contractors, suppliers, property owners, and everyone in between enter into professional relationships to successfully complete construction projects. As a result, conflicts sometimes arise. When they do, it is important to have a plan. So, our construction lawyers in Bradenton have outlined a few tips for dealing with these disputes.
1. Seek out Experienced Legal Counsel
It is not enough to hire any litigator out there, regardless of how seasoned. You need a Bradenton construction attorney who understands the industry. A lot of disputes stem from the expectations of parties not being clearly or beneficially outlined within the construction contract. For this reason, it is often beneficial to partner with an experienced law firm before beginning a new project. A legal partner can assist you before the contract is signed to ensure your interests are fully covered. In addition to contracts, Florida Statutes are often extremely specific on how certain situations should be handled, so if you plan to file, for example, a bid protest, mechanic’s lien, or Miller Act bond it is important to have a firm you can trust to follow through with each step as they are set forth in state and federal legislation.
Important Questions that should be asked:
Is this firm recognized as a thought leader on issues faced in the construction industry?
Is this person a member of industry associations?
Has this firm represented construction professionals at the municipal, state, and federal level?
2. Determine if Alternative Dispute Methods will be Beneficial
Litigation can be a long, drawn-out process that can often be avoided through alternative dispute resolution. Whether an alternative dispute method is right for your company depends on the situations surrounding your case. Arbitration is often handled quickly and allows the dispute to remain private between parties. Litigation, on the other hand, makes all details of the case public information, and judges must adhere to state and federal laws, which can sometimes work in you favor depending on the facts of the case.
3. Document Everything
Don’t wait for a dispute to arise and then scramble for written records and pictures of a job site from a past project. Put a standard protocol in place to document all correspondence, meeting notes, dates, times, blueprints, details of the job site, and other details that may be important should litigation be necessary. If a claim is brought against your firm or you wish to recover damages due to a breach from another contracted party, provide your Bradenton construction attorney with this information, so they can successfully represent your firm.
Experienced, Trusted Attorneys from Trent Cotney, P. A.
Trent Cotney and our team of highly decorated construction attorneys in Bradenton are experts in working with contractors, sub-contractors, architects, engineers, roofers, and many other construction professionals. From mechanic lien claims to real property disputes, we have the experience and knowledge to represent your firm to ensure the best interest of your company is protected at all times.
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.