There’s something about construction projects that creates a sense of excitement and the promise of something new. That said, when a construction project doesn’t go as anticipated, the entire process can easily become tainted with stress and worry. Knowing how to resolve a construction contract dispute can help you move through the process with relative ease, and with the assurance that you are doing everything possible to protect your rights under the law.
While some simple issues can be easily handled between you and your construction contractor, more complex needs should always be handled by Seattle construction law attorneys with the skills and experience needed to resolve those matters.
What are some common construction contract disputes?
Most construction disputes center on whether a job was finished or how that job was done. It isn’t uncommon for contractors to fail to meet deadlines or finish work on schedule. This can be due to a wide range of issues, including problems in the supply chain that your contractor has no control over.
Poor workmanship is also a common focus in construction contract disputes. When a job is not done to your satisfaction, or if you have concerns over the safety of the finished product, resolving the matter with your contractor is essential. That is especially true if you will take on liability for personal injury resulting from a flaw in construction or improper materials.
What are some options for how to resolve a construction contract dispute?
You should begin by bringing up your concerns directly to the contractor. This allows them to understand the scope of your concerns and respond. In some cases, there’s a perfectly good explanation as to why something wasn’t done in the way you intended.
Mediation
In other cases, mediation is a great way to handle construction disputes. With mediation, parties present their points in a setting with a mediator who guides the process. This option can reduce strife between parties, and ensure the discussion remains focused on the matters at hand and does not devolve into arguments or accusations.
In order for mediation to be successful, all parties should be fully prepared. Any documentation should be gathered, and your position must be clearly stated in writing and provided to the other party at least 30 days in advance of the mediation session.
A good mediator can help identify potential areas of conflict early in the process. By working through those issues before mediation sessions, parties can sometimes work out creative solutions, which reduces the amount of time spent in mediation.
Arbitration
Arbitration is another option. This approach allows parties to hire a private judge to hear the matter and make decisions on how to resolve the dispute. Arbitration avoids the need for a trial, and can potentially take far less time than moving through the court system.
One reason to choose arbitration is when your dispute is highly technical or complex. If a jury is unlikely to fully understand the key arguments in your case, you might be better served to let a professional judge rule on the matters.
Litigation
Litigation is sometimes the only way to effectively resolve a construction contract dispute. This option involves preparing a case to go before a jury, and can take far longer than the other options mentioned above. You should be prepared to stay the course for as long as 1-2 years before the matter is fully resolved.
Litigation is a good choice if your case is likely to move a jury to feel compassion or concern for your position. A jury trial is also a good option if there are third parties who might need to be brought into the matter. Adding parties to an existing arbitration process is complicated. It’s also possible to appeal a jury verdict, an option not available in most arbitration.
When is the right time to reach out to a construction contract dispute attorney?
Your first step should always be to try and resolve issues directly with your contractor. There are many cases in which a valid explanation can clear up an area of concern. However, if it becomes clear that direct communication is not going to be enough to resolve the matter, reaching out to a team of Seattle construction law attorneys is a good choice.
During your initial visits with your attorney, you’ll learn more about your options on how to move forward. Attorneys who practice in this area of legal focus often have considerable insight into how similar cases are resolved in your area. This knowledge can help you decide when and how to move forward with a construction contract dispute matter.
Keep in mind that your interactions with an attorney are confidential, meaning they aren’t available to any other party. You have nothing to lose by sitting down with a highly skilled Washington construction contract attorney to discuss your case and review your options. If nothing else, you can move forward in the matter with a clear understanding of your rights under the law, which gives you peace of mind.
