A Developers & Contractors Guide to Solving Construction Disputes

03 December 2018

Today we are here to offer a more effective approach to this sensitive matter. If both parties are willing to agree to the terms of a contractor conflict resolution system, a lot of disputes can be prevented and resolved in a matter of days.

Here is how to this new approach to dispute resolution in construction contracts should work.

Contractor Caused Delays: Inexcusable and Excusable

There are two types of contractor caused delays: inexcusable and excusable. Inexcusable delays are the fault of the contractor or any other party the contractor is responsible for (under the contract).

Excusable delays, on the other hand, are attributable to numerous circumstances and they are not caused at the fault of the contractor. This is why all types of delays and contractor responsibilities should be defined and found in the construction project contract.

Prevent Disputes Beforehand

Before developers and contractors put their signatures on a contract, all parties should address the issue of possible disputes. The risk should be assessed for both the developer’s and contractor’s tasks.

This can help both parties identify bottlenecks and prevent any possible disputes by allocating more resources and assets to the tasks. Adding these to the contract before it is signed will help both parties know who is responsible for what, and how task dependencies work together towards achieving the same goal.

Protect Your Rights during a Dispute

Apart from the above-mentioned additions to the contract project, a contract should also contain step-by-step procedures, both from the developers and contractors. This way, developers and contractors will become more aware of their responsibilities and rights, especially if they fail to follow the simple step-by-step procedure(s).

In any case, don’t put your signature on a contract that doesn’t outline the procedures in regard to protecting your rights during a dispute.

With an efficient dispute resolution and prevention system in place, contractors and developers can focus on their core tasks. Most importantly both parties have to be aware of their responsibilities and remain flexible during the entire process.

Focus operates under an integrated model to minimize all contractor and developer disputes. If you’re interested in working with a productive and seamless development firm, reach out to Focus today!

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