In the construction industry, disputes and claims are not uncommon and in the past, disputes tended to result in litigation. Usually, most of those cases were settled before trial, but settlement is both costly and time consuming. To avoid court fees and exhaustion, we recommend negotiating an agreement when there is a dispute before litigation can even begin. Navigating negotiations in construction claims can be complicated, which is why we suggest you consult your Orlando construction attorney. Below we’ve provided a few tips to help you navigate construction claims negotiations.
Choose an Experienced Negotiator
It’s crucial for the success of your negotiation that you find an experienced negotiator. The right negotiator is willing to listen to your claims, has read and understands your contract, has the skills to anticipate your opposing parties’ arguments, and can confidently present your argument successfully.
Do Your Research
When you choose to negotiate a settlement to avoid litigation, the main thing you need to do is prepare for the negotiation itself. You will need to present facts and legal support of your claim, because if you can settle your dispute based on the facts, there’s a much higher chance the dispute will be settled. If you attempt to negotiate your claim without taking the time to research and establish your facts, it will greatly hurt your chances of mutual resolution.
Consider Your Opponent’s Feelings
Something that most people forget to think about is their opponent. Yes, they are in the middle of a dispute, but there is a reason they are upset, and it won’t do you any good to forget about that. As Orlando construction attorneys, we suggest you take the time to think about your opponent and what their probable arguments will be based off of their feelings.
Put Together a Strong Claim Document
A well-prepared, strong claim document will go a long way for you. It will show your opposing party that you are ready and willing to pursue the claim. Additionally, if the negotiation does not work, the claim document will be a good place to start if you decide to try litigation or arbitration. Your claim document should include any necessary photos of damages, legal theories that back up your claim, a reference of project correspondence and contract specifications, and a cost breakdown of damages you are hoping to recover.
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.