Disputes are extremely common in the construction industry and serve to undermine the projects that contractors work so hard to complete. It comes as no surprise really; when you consider the vast amount of financial resources that must be poured into even the most rudimentary commercial project, it quickly becomes apparent that, unless contractors and owners are working in perfect synchronicity, a dispute is likely to arise. Unfortunately, there’s only so much a contractor can do to avoid a dispute, especially if the owner is motivated to shake things up.
In this brief article, a Nashville construction dispute attorney from Cotney Construction Law will discuss four common causes of construction disputes. From contractor errors to claim errors, this article is the perfect primer for contractors who want to mitigate disputes on their projects. Of course, your best weapon against disputes is the services of a Nashville construction dispute attorney, which are now available through our affordable subscription plans.
1. Contract Errors, Omissions, and Gaffes
Contracts are the lifeblood of the construction industry. A well-written, clearly detailed contract can save contractors from future headaches by having all the necessary contingencies in place when a dispute arises. However, many contractors fail to work with a Nashville construction dispute lawyer that can provide the contract-related services they need, such as drafting, reviewing, and negotiating contracts, which can lead to preventable errors, omissions, and gaffes.
2. Failing to Meet Contractual Terms
Leaving important details out of your contract opens the door to conflict, but failing to meet your contractual terms opens the door for lost profits and business. Well-worded contracts are the ultimate difference maker in the construction industry, but only if you’re equipped with the tools to satisfy every detail. Remember, even if you uphold all of your personal obligations, your subcontractors and material suppliers could upend your entire project.
3. Inaccurate Site Conditions
Your construction bid will be partially based on the site conditions present at the intended project site. If you fail to account for subsurface issues or other unexpected variations in your initial site survey, you may need to tweak project costs. More often than not, this leads to a dispute. When surveying a site prior to construction, don’t be afraid to get a second opinion if you don’t have the utmost confidence in your survey team.
4. Claims Errors
Sometimes, a contractor will be forced to file a claim against an owner in order to procure payment and complete a project. When this happens, it’s vital that you partner with a Nashville construction dispute lawyer who can help you file a successful claim. Ideally, your lawyer will have already instituted definitions for claims and remediation in the original contract to avoid any relevant disputes.
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.