Two Methods to Settle a Construction Dispute Outside of the Courtroom

construction-disputeWhat do you do if one of the senior level managers leaves your project? Do you have any plans that you can put into motion? That’s where construction advisory services can help. Bringing your dispute to court can be a good final resolution if you can’t solve the dispute in another way, but there are methods to keep those disputes from ever seeing the inside of a courtroom.

Claim Resolution

The simplest method is construction claims resolution. Determine what the claim is, file the proper paperwork and wait for the dispute to settle. That’s where things get tricky. If you don’t have a system in place for gathering and filing important paperwork, you’ll quickly lose contracts and receipts. If you’re not used to project planning, make sure you hire a consultant to help you review the plans. One of the most common claims is not accurately foreseeing the scope of work.

Mediation

Another method crews use to avoid court cases is to utilize private mediation. A private mediator is someone who is familiar with the laws surrounding the case, but not the case itself. Mediation is useful when you want to settle a dispute without burning bridges, and it often ends in an amicable agreement.

You need to prepare your documentation for mediation, and to get your story straight. Speaking with a consultant can help you if you don’t have a team in-house to review claims as they come in.

As a last result, you may be left with no alternative than to go to trial. In these situations, make sure you have an expert witness lined up to help explain your side of the dispute.


Lyle Charles Consulting has offered crisis, turnaround and short-term management solutions for commercial and residential projects for more than 30 years.