What to Consider in a Construction Dispute
Construction disputes are very common occurrences, and are often due to miscommunication between a client and a contractor.
When the scope of work was not executed properly or did not meet a client’s expectations, then this is likely to result in a dispute.
Some disputes even arise from a failure to meet required safety codes or standards. Whatever the reason, contracting disputes can be very messy situations and may need legal action from either one or both parties.
Regardless of whether you are a business or homeowner facing a construction dispute, your best solution may be to hire an attorney. An attorney can help settle your case in several ways:
What is Mediation? Mediation is an out-of-court solution that brings the disagreeing parties together with a mediator who listens to both sides of the argument.
The mediator must always remain neutral and offer suggestions to resolve the issue, and can spare both parties the money and time of going to trial.
The mediator should also be well versed in this specific area of law and capable of determining whether a settlement would stand up in court. Even though the mediator will offer important legal advice, he or she is not using any judicial powers to settle the claim.
Both parties can greatly benefit from using a neutral third party to bring the legal details to light and resolve the matter in an equitable and fair decision.
What is Arbitration? The disagreeing parties may want to set a date for arbitration before filing a claim in court just in case an informal mediation session fails to bring resolution.
The arbitration process is similar to a trial but conducted in an informal way before a single or panel of arbitration experts.
As opposed to the mediation administer, the arbitrator can declare a lawfully binding judgment and resolution.
Compared to a formal trial, arbitration sessions are faster and easier to conduct and can be in the best interest of the parties involved.
Do Your Homework.
Before getting into any kind of construction dispute, it is important that you check with your state for any resolution opportunities specially meant to protect and assist homeowners.
Time is money, so before seeking the services of an attorney, mediator or arbitrator you may wish to contact the licensing board in your state for a short cut to contractor settlements and claims.
Each and every state is regulated by its own unique laws, which are geared to protect both the client and the contractor.
The contracting laws are divided into each contracting division to include plumbing, electrical work, landscaping, pest control, HVAC, etc.
As a home owner, you need to know that before any contracting work begins, your service contract may choose to include the right to attach a mechanic’s lien to the work.
This clause is meant to ensure that the contractor will still get the fees in case the client refuses to pay.
In certain extreme cases, the client may be forced to sell his or her property in order to settle the debt simply because he or she is bound to the mechanic’s lien agreement.
Should there be any legal dispute between you and your contractor, then it is vital to immediately take action. Whether it be an arbitrator mediator or legal counsel with a lawyer, you must decide to take action.
Who to Call?
Are you looking for a legal advice on construction disputes? Then worry no more. Call the Law Offices of Robert W. Elton today at 386-274-2229 for a free consultation to discuss your case.
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