Getting to know building disputes – their causes and how to avoid them – is like knowing how to prevent getting diseases. Prevention is better than cure! So whether you’re the homeowner or the builder, never wait for a building dispute to become bigger.
A building dispute occurs when one party failed to perform their obligation or poorly performed on it. These disputes could be in the form of payment, poor workmanship, contractual disagreements or just poor work ethics. Building disputes can cause delays in building projects and may even escalate into court cases if it does not get resolved immediately.
A construction contract dispute occurs when one party fails to comply with their contractual obligations. This could be in the form of a breach or variations.
A contract breach happens when one party did not perform their work specified in the contract or when their completed work ended up differently from what was agreed upon. On the other hand, variations refer to changes in the contract. For example, it was specified in the contract that the gate for a residential building should be made of wood. However, the gate ended up getting built with steel and the homeowner was not informed. This change from wood to steel is called a variation.
A residential construction dispute is basically a dispute related solely to residential building matters. This dispute can also be in the form of payment issues or contract disputes, except it only concerns issues surrounding home building work.
Residential construction disputes can also be caused by disagreements with architects, contractors, and subcontractors. This could ruin the relationship between the homeowner and the opposite party which can also possibly affect the progress of the residential building project.
A building contractor dispute occurs when there is a conflict between the homeowner and the contractor. Just like other disputes, this can be caused by disagreements with the contractor, sometimes, lack of communication resulting in to unwanted outcomes of the building project.
Causes of this dispute may also be poor workmanship and poor work ethics of one of the parties. The contractor may have been negligent and does not follow the deadline to finish his/her job or the homeowner may have been managing poorly the builders of his residential building. Either way, letting these problems slip past may escalate into an unwanted court case.
It is better that you learn the basics of the building process especially if you will be embarking on a building project. Ask your builder the sequence of events and the task that they will be able to accomplish for every phase. As the owner of the residential or commercial building, knowing the flow of your project’s activities would help you monitor its progress.
If possible, write down the important things you have agreed on with your client or builder. It is better to be sure that everything you have agreed on are followed. If not, you can have a second look on your contract and go back to your own records.
This is probably one of the most important ingredients in the building process. Always communicating with each other can avoid any misunderstandings in the contract. Any confusion can be cleared out, any question can be answered. Lack or poor communication might just result in legal conflicts and ruined relationships.
If you want to make sure that there’s nothing to worry on in your contract, hire a Construction Lawyer. In fact, it would be better if you involve a lawyer during contract drafting. With the help of a building lawyer, you will be able to benefit from their contract review services.
In this process, there is no third party involved. Only the two disputing parties are settling the conflict. They must negotiate with each other to come up with an agreement or a resolution to their building problem.
If negotiation fails, both parties can resort to mediation or arbitration. This method involves a mediator or an arbitrator to impose a decision on the disputing parties. The arbitrator must hear both sides and come up with a resolution. Additionally, this type of dispute resolution is way faster and cheaper than a court process.
If mediation and arbitration fails, the disputing parties may raise their situation to the high court. This time, a third party is not only involved to impose a decision for them, but lawyers must also represent either party. This is to be presided by a judge and come up with a resolution for their building problem.
Hiring a Building Dispute Lawyer can definitely help to get you through your legal situation or even avoid it in future building projects. Getting help from a legal expert in building and construction can minimise your chances of being in conflict with your client or builder.
Contracts Specialist principal lawyer John Dela Cruz deals with Building Disputes, Construction Contracts, and Security of Payments day in and day out. With his vast knowledge and over 10 years of experience in construction law, you can be confident that your situation is in good hands.
So if you’re seeing a potential dispute, call Contracts Specialist now.
Contracts Specialist is a Sydney-based construction law firm that deals with Building Disputes, Construction Contracts, Debt Recovery, and Security of Payment. With Contracts Specialist, you are ensured that you are in good hands.