If you are having a conflict with a subcontractor regarding their work, you have access to legal options. You should examine your dispute and the other party’s stance before deciding on the best legal action for you. For roofing contractors, it’s critical to understand your dispute options and to speak to a roofing attorney in Tennessee.
What Are My Options?
Arbitration is the most common form of alternative dispute resolution and is a frequent requirement in commercial construction contracts. The arbitration process is managed by private associations and is designed to shorten the pre-hearing process, saving time and money for the respective parties.
Mediation is a resolution process that can be entered into voluntarily or by order of a court. Once the recommendation is issued, the parties have a period of time to accept or reject mediation.
Like mediation, facilitation is used to avoid a lengthy court undertaking. In facilitation, the court appoints a facilitator to listen to the parties’ disputes and attempt to negotiate a settlement on behalf of the parties. However, if facilitation happens to be unsuccessful, the case will make its way to trial.
Which Form of Dispute Resolution Is in My Best Interest?
A dispute will cost you when you have to devote employee time toward recounting what happened, produce sufficient documentation, and provide testimonies of your work ethic. The dispute resolution method that’s in your best interest is the one that has minimal impact on your position with customers, subcontractors, and suppliers.
How Much Will This Cost?
Ask your attorney to assess the risks and expenses involved in all potential disputes. Most will recommend that you avoid litigation and attempt to negotiate a compromised position before any form of litigation is started.
If conflicts arise, analyze the dispute, the potential outcomes, and the effect that litigation will have on the business, as well as its reputation in the community. If the other party is unwilling to act justly or compromise, litigation is inevitable and you must carefully select the appropriate litigation attorney. Because the legal expenses are usually the responsibility of the individual parties to pay back, it is that “expense” that is critical for a business owner to assess before committing time and resources in a formal dispute.
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.