Causes of Disputes in Construction
No matter if you’re in the construction business offering various kinds of services like building homes, installing flooring, and replacing windows or someone who’s looking to renovate their home, it’s important to understand that there is always the possibility of a dispute arising when doing construction. With that in mind, here are the most common problems that can result in a dispute between homeowners and contractors.
Mistakes in the contract
For starters, in order to prevent issues, you want to make sure your contract is top-notch. It should cover every aspect of the construction, which is the best way to ensure both the contractor and the homeowner know what is expected of them. Therefore, you want a knowledgeable expert in the field to draw up the contract for you and you need to go over it in detail to see whether anything was overlooked. However, regardless of how specific the contract is, it’s always possible to neglect something important. If the timeline is not specific enough or there are some other omissions and gaffes, you can encounter problems in no time and have a dispute with a collaborator. Review the agreement a few times to allow for a smooth project.
Improperly surveyed site conditions
When it comes to drafting contracts, they will primarily be based on the existing conditions of the site at the moment of inspection. However, as some time will surely pass before the work actually begins, you can expect the conditions to change to a certain extent. For instance, if the soil is different or there are some unexpected obstructions, a conflict can arise. In that case, it’s important to keep a level head and see how the issue can be mended quickly without many repercussions. For example, maybe you can simply amend the contract to show what is new and how it will be approached.
Using the wrong materials
Another issue that homeowners can have with their contractors that commonly leads to a dispute is if the wrong materials were used. Homeowners will typically pick all sorts of materials at the beginning of the project but, for a variety of reasons, what arrives might not actually be what was ordered. While this doesn’t always have to be the contractor’s mistake, it’s important that they act immediately to fix the issue. Whether the kitchen cabinets are not the right colour or the flooring materials are not what was agreed upon, the contractors should take it upon themselves to find a solution so that they don’t lose a valuable client that paid upfront for the materials.
Not finishing on time or at all
Something else that can occur on a project is that the contractors don’t finish the project on time. In case the contractor is behind on work or has abandoned it before it was finished, homeowners have every right to contact experienced construction lawyers to see what they can do in order to protect themselves. If they’ve already paid the full price, they might even be able to take the contractors to court if no other way of negotiation pays off. Being irresponsible and neglecting work is never appreciated so in case there is an emergency that prevents the contractor from doing their job, they need to notify the homeowners and see whether they can find a solution that works for everyone.
Overlooking the payments
Finally, it’s not just the contractors that can be late and irresponsible. Homeowners can also neglect to pay on time. Sometimes, the funds are necessary in order to be able to order all the materials. So, depending on what the payment schedule is, a dispute could occur if the deadlines are not met. Moreover, if the construction or project is completely done, but the homeowners have not yet paid, the contractor can also take them to court after consulting with professionals and deciding on the best plan.
As you can see, there are various things that can lead to a dispute during a construction project. The blame can be on the homeowner, constructor, or a third party but it’s important to know that these conflicts can also easily be resolved.
