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Strategies to resolve legal issues with a construction project

On Behalf of | Jan 7, 2020 | Construction Litigation |

Construction projects can be complicated. For North Carolina residents and businesses who hire a contractor or construction company, a disagreement can be costly and time-consuming. Regardless of whether it is the contractor or the property owner who needs legal help, it is important to understand how these problems come about and what can be done to settle them.

Although it might seem difficult, there are strategies to resolve construction disputes. The contract is frequently the foundation for disagreement. To address construction issues, negotiation can be effective. The contract can stipulate that if a disagreement arises, both parties should engage in informal mediation to find a resolution that is satisfactory to both the contractor and the project owner. Mediation could include a neutral third party to facilitate discussions. It is not a legally binding endeavor, but it can spur a back-and-forth that seeks common ground. Experts can determine where the problems are, give an opinion, and bridge the gap between contractor and customer.

Adjudication will have a neutral person who is not connected to the litigants. This individual will decide on the case with the possibility of court enforcement. If the decision does not settle the dispute, the project can continue while the case is assessed. Arbitration also involves a neutral third party. The sides will select an arbitrator and submit their case for a hearing before the arbitrator. This might be legally binding, and cost may be a factor as this is more expensive than other options.

Finally, construction litigation is generally seen as a last resort. It is legally binding and will be enforced, but appeals are possible. This is the most expensive and time-consuming method to deal with a construction dispute. Whether the dispute was due to construction defects, payment, the contract itself, or other issues, having legal assistance may be critical to handling it. A lawyer experienced in construction litigation may be able to help.

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