Contracts are the foundation of a solid construction project. A contract provides the ‘rules of the game’, meaning it clearly outlines the responsibilities, expectations, and deliverables of each party involved in the project. A contract for construction work oftentimes predicts the success of the project because it keeps each party accountable while deterring potential disputes. If the construction contract is not carefully drafted it can cause significant disruptions to the project. The two most common problems include a misinterpretation of the contract or the issues were not properly addressed in the contract; and when there is a lot of money at stake, these problems can be very expensive.
While we are your construction contract lawyer, we are also your business partner and can help determine the best way to resolve the contract dispute that has the most favorable outcome for your business. Using our range of legal tools and business experience, we have numerous approaches to solving the dispute or breach of a construction contract. Our goal is to uphold the contract for the construction work so our clients receive the agreed-upon compensation while preserving their reputation and partnerships.
RESOLVING DISPUTES USING BOTH LEGAL AND BUSINESS TACTICS
What is our process?
We want to understand how you define a successful outcome. For transactional issues, what are the important issues that need to be addressed in the document we are drafting? For disputes, what is the desired resolution or outcome?
Step One: Learn your objectives and goals
For transactional, we draft a document that will achieve the desired outcome and reflect the client’s business. For disputes, we uphold the obligations stated in the contracts and/or determine reasonable remedies for issues not addressed in the contract.
Step Three: Craft the strategy
For transactional, what have the parties agreed to and has an agreement been reached on all the key issues? For disputes, we need to know whether the contract addresses the issue, how it was addressed, who’s at fault, and what damages resulted
Step Two: Understand your concerns and issues
Following the strategy developed with and approved by the client, we move to achieve the intended result. Whether drafting a document or resolving a dispute, we’ll keep you informed on how things are going so you can focus on your business.
Step Four: Implement the remedy
When a dispute arises over the construction contract, or rules of the project, it oftentimes requires a third-party to help mediate and navigate the solution. When each party is deeply involved in the project, small disputes can grow out of proportion as communication becomes more difficult. As an experienced construction lawyer, we know how to address each party’s concerns while protecting the rights and interests of our clients to streamline the communication process and resolve the dispute.
For construction contract disputes, there are multiple options to consider when trying to resolve the issue. After analyzing the issues in dispute, we help you understand your position and rights while providing available resolution options that are best for your case. The validity of your case is highly individualized and dependent on the contract.
We start by analyzing the contract to understand the initial rules of the game. From there, we outline both the non-legal and legal resolution options. Depending on the situation, we will recommend and lead clients through non-legal routes that will safeguard their business. Yet, if the dispute has unreasonable expectations or we need to press our client’s position in the dispute, we have the legal expertise to protect our clients.
We are as comfortable working with opposing counsel for early resolution as we are with taking more complex options such as mediation, arbitration, or trial.
The cost is largely determined by the willingness of both parties to solve the dispute quickly and efficiently. As the dispute heightens, so does the cost. Ultimately, if the contract addresses the dispute issues, then it will easily negate the claims; this is why we keep explaining to clients the importance of having a well-drafted comprehensive construction contract.