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How to Compel Contractors and Clients to Comply With Contractual Obligations in Construction

In the best circumstances, contracts become more of a formality, and everyone honors their commitments without having to seek any additional steps. Sometimes it becomes necessary to enforce the contract terms. In this short article, a construction litigation attorney in Clarksville, TN, provides a list of steps that you can take to attempt to compel contractors and construction clients to comply with their contractual obligations.

Related: Elements That Make a Contract Unenforceable

Written Notice

In general, it’s important to give any notices to contractors and clients in writing. Verbal communication does not generate any evidence that you may end up needing. Plus, written notices are often taken more seriously than verbal conversations. 

Hiring Legal Representation

The act of hiring a lawyer can signal to the other party that you are serious about enforcing the contract. Sometimes, this can be enough to achieve the results that you are looking for. In the case that it isn’t, your lawyer can take steps to notify the other party of their contractual obligations. 

Related: Simple Tips to Increase Contract Enforceability

Mediation and Arbitration

Mediation and arbitration could be necessary, depending on whether earlier steps worked to encourage clients or contractors to comply with their obligations. Your contract should have a mediation or arbitration clause, indicating that any disputes should follow the process of going through mediation as opposed to having a court case. Your lawyer can represent your firm and try to maintain positive ongoing relations with the other parties.

Related: Essential Contract Clauses to Prevent and Resolve Construction Disputes

Litigation

The last step of enforcing a contract is to proceed with litigation. Understandably, this is often the decision of last resort, as the costs associated with litigation and the possible long-term damage to the relationship. However, sometimes it’s necessary. The litigation process will vary based on the terms of your contract and the specific situation.

In the event that you need to enforce a contract with clients or contractors, it’s a good idea to consult a lawyer. This can give you an idea of what next steps are available to you, even if you do not need to proceed with litigation. If you need help enforcing a contract, contact a construction law firm in Clarksville, TN, from Cotney Construction Law.

If you would like to speak with a construction law firm in Clarksville, TN, please contact us today.

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.