Common Sense Construction Dispute Resolution

Common Sense Construction Dispute Resolution is for homeowners,

contractors, suppliers and architects. Most home renovation

projects end by completing the contract and when the final

payments are made to all parties involved in the construction or

remodeling of a project. A small percentage of projects sometimes

end in a dispute over money, scheduling or the quality of

workmanship. Solving a home improvement dispute can be a

difficult problem if the parties are not civil and do not have a

goal of resolving the dispute. When legal actions are taken,

a lawyer search can be an added expense that should be

avoided if possible.

Disputes sometimes end in litigation by one or more

of the parties. Litigation can be an expensive and a time consuming

matter in addition to delaying the completion of a project.

In a construction dispute any attempt to come to an equitable

solution will be important to all parties.

Many times construction disputes can be resolved if the parties

are cooperative, reasonable and can find a way to work together

prior to contacting a lawyer or proceeding with litigation.

Let’s Briefly Discuss The Above Situation.

1. COOPERATIVE:

Cooperative is trying to understand the situation and that the

problems can be solved in one way or another. Being fair, patient

and professional will be helpful to coming to a final solution.

2. REASONABLE:

Reasonable concerns are that many times the problem will

require additional cost. The question is how much and who will

pay for the additional cost when all the facts are presented?

Sometimes the parties cannot arrive at an agreement to solve the

problem and litigation may be considered if a solution is

unachievable, sorry to say.

3.SOLUTION:

If the parties can agree to item 1and 2,there is a very good

chance that the problems will be resolved. The parties must

be respectful to each others interest in coming to an equitable

solution. An agreement as to what the problems are and a

determination as how to best remedy the construction problem

is important. A cost estimate of the work required to rectify

the situation needs to be considered at this time.

The worst scenario would be if all of the above fail. The next

step prior to litigation would be to call for a third impartial

construction expert agreed to by all parties in an attempt to

arbitrate a solution. This expert, a construction manager or

an architect, can help to propose a solution to the

problems. This method is recommended if the parties cannot

mutually agreed to come to an agreement prior to contemplating

a lawyer search and starting a litigation process.

Arbitration can be accomplished at a lower cost than taking the

path of litigation. Litigation should only be the last resort. Keep

in mind that litigation is expensive and time consuming. In the

end most cases end in a settlement or a judgment, this after

paying expenses for lawyers and other legal entities. In some

disputes owners have lost in court simply due to a misunder-

standing of the contract documents. On remodeling projects one

should be aware that encountering unknown and unseen

conditions can be a reason for a dispute as to the additional

work that is required to correct the hidden conditions. Many

times there is additional cost to the project not covered in

the agreement.

In conclusion, consider that the construction industry is quite

complex at times and that each project is different. Homeowners

when considering a home renovation project need to do their

homework.

It is very important to select an experienced contractor having

good references and a good reputation for honesty and

quality work that is produced. Get competitive bids, question

the contents of what the contract proposal includes and check

references as best as you can. Be cautious of how much of a

down payment a contractor wants prior to starting the project.

Request a schedule and a payment estimate on the cost of

material and labor to give you an idea of how much to pay on

the progress of the project. Establish who pays for permits, unit

prices for extra labor cost and mark ups for labor and material

on extra work prior to signing a contract and starting the work.

In closing , hopefully the home renovation Common Sense

Construction Dispute Resolution article will assist you in completing

your project to a successful ending.

Your Author Jon Ewall

http://jon-ewall.hubpages.com/_ph9ejsxunalx/

If Chicago Consultant can be of any assistance, contact me at

Jon@chicagoconsultant.com