How to Avoid Construction Disputes Before They Happen

Just Law have been dealing with building and construction disputes for over twenty years. Unfortunately, conflict can arise, and sometimes quite easily, and especially when there is big contracts and multiple parties involved. In a perfect world, the prospect of seeking legal advice or representation wouldn’t be necessary, but as it stands today, and without wanting to sound too cynical, the world isn’t perfect.

But there are ways to minimise any potential damage, and in this article, Just Law will be looking at a few ways to avoid construction and building dispute before they occur.

Why disputes arise in the first place

When it comes to building dispute litigation, there are a whole host of potential pitfalls and legal ramifications that can trip you up. Construction projects will inevitably come with ongoing changes, delays, and unavoidable variations. Sometimes, extra work needs to be carried out, there is an issue with subcontractors, or there are unforeseen complications on site that result in a slight straying from the contractual restraints, and sometimes, these variations and changes can escalate and even end in places like the magistrates court. Whether it is a cost issue, a timeframe that has been breached or altered, or a total breakdown in communications, when it comes to people’s homes or large construction projects, emotions can run high.

That’s why Just Law always recommend you at least have discussions with a legal representative, or seek legal advice, even before a single nail is laid, to ensure your contract and the ensuing work is as clear and concise as possible. Obviously, if a building or construction dispute does arise, it can severely impact on all parties involved, not only financially, but also with the amount of time and energy needed to resolve it.

How to avoid construction and building disputes

Just Law has dealt with just about every type of building dispute there is, and from every perspective. From homeowners, to building companies, subcontractors and obviously other legal firms. Just Law knows that generally, most building disputes can be avoided, if of course, the right measures are put in place. Again, it’s not foolproof, but there precautions you can take. The following then, is a list of how you can significantly reduce the likelihood of experiencing a construction or building dispute:

1. Ensure that there is a legally binding contract in place that protects the interests of all the parties involved, and that everyone feels comfortable moving forward
2. Furthermore, ensure that the contract is well written, concise, and examined by a legal professional or third party in order to close any loopholes or misinterpreted clauses that may trigger problems down the line.
3. That all the parties involved actually read the contract before any works commence. It sounds simple, but such a thing happens often, as Just Law have seen countless examples in which the contract is only thoroughly read after a dispute or claim is actually made.
4. That the building contractor and even subcontractors remain transparent and are willing to communicate and be up front, should any unexpected complications arise
5. If there is a need for variations, everyone implicated in the legally binding contract is notified as soon as possible.
6. It is imperative that accurate documentation is kept and is always accessible
7. That the agreement and planning throughout remains professional, civil, and as calm as humanly possible
8. And being vigilant and honest, should trouble arise, in which all parties involved can actually sit down to try to work through any issues, before deciding to escalate the dispute. This will become nasty and costly for everyone involved.

As you can see, honesty, integrity, and a solid line of communication are keys when entering into a legally binding agreement, especially in the building and construction game. Just Law have helped so many deal with escalating disputes, and while there are processes in place, such a mediation and tribunal hearings and even court trials, we believe in doing everything you can possibly can to ensure that you avoid the unpleasantness of building and construction disputes. Just Law will be in your corner, should that eventuate, but again, there are certainly steps you can take to reduce the risk of conflict, such as the ones outlines in this article.