With today’s risky construction climate, disputes are bound to happen. Owners and general contractors may miscommunicate, and contractors may fail to communicate or even pay their own subcontractors. No matter the issue, when conflict arises, construction professionals need to know what their options are.
Disputes in the Construction Industry
As long as you work in the construction industry, you are likely to face a dispute in one form or another. You may have to deal with errors or omissions in your contract, you may need to address differing site conditions, or you may be dealing with another party’s failure to comply with previously agreed upon contractual documents. Furthermore, disagreements may arise over cost overruns, order changes, project delays, and construction defects.
If project participants are not willing or able to compromise and come to an agreement, legal intervention may be required.
Work With a West Palm Construction Dispute Lawyer
Cotney Construction Law provides dispute resolution on behalf of contractors, subcontractors, suppliers, manufacturers, and many others working in the construction industry. We help clients resolve disputes concerning licensing infractions, the project’s scope of work, mechanic’s liens, and payment issues. There are several ways to resolve a dispute including the following:
Litigation can be a long and expensive process and is usually best for more complex disputes or ones that have not been successful with an alternative dispute resolution. Parties must be willing to submit themselves to discovery, a trial in front of a judge or jury, and must be willing to accept the final binding decision. If for some reason parties are not satisfied with the decisions, they will have to go through an appeals process.
Arbitration is an alternative dispute resolution option for construction professionals when mediation is not successful. It is typically cheaper and less time-consuming than a litigation but can be adversarial so retaining a West Palm construction dispute lawyer can be beneficial. With an arbitration, a third party is hired to listen to the disputants’ arguments and will make a legally binding decision soon thereafter.
Mediation is another alternative dispute resolution that involves the disputing parties and a mediator who will help them come to a nonbinding, amicable solution. Mediation is the easiest and most satisfying way to handle disputes and is ideal for those looking to keep their business relationship intact. Although a West Palm construction dispute lawyer is not necessary, there are times you may need to consult with an attorney before, during, or after the mediation for specific reasons.
If you are in need of a professional construction law firm, please submit our contact request form for more information.
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.