Construction disputes arise when there is a breach of any condition in the contract. In construction and building contracts, there are multiple parties involved, like the builder, contractor, and service providers like plumbers, technicians, etc. The common way of resolving a building and construction dispute is to appoint a lawyer and argue before a court of law. However, there are other ways to resolve the dispute. This article provides a general overview of how to resolve building and construction disputes.
What falls under building and construction disputes?
Building and construction disputes arise for a variety of reasons, like changes in scope, violations of contracts, delays in completing the work, etc. One of the most common reasons for building disputes is the inability of the contractor to complete the contract on time due to a delay in the supply of raw materials, any government approval, or any other reason. Be sure to visit Aandi Lawyers to find out more about commercial litigation .
There are several things that fall under building and construction disputes. Issues and delays in permits and licences are among the construction disputes. Rectification works, site works, demolition of buildings, renovation of buildings, etc. also fall under building and construction disputes. Sometimes, disputes may arise over the quality of materials used in the projects.
How do you resolve building and construction disputes?
Building and construction disputes are time-consuming projects, and there are high chances that disputes may arise. It is advisable to resolve disputes as soon as possible. There are some ways in which a dispute can be resolved amicably through mutual settlement. These processes are:
- Negotiation: Negotiation is a process in which the two parties settle the dispute amicably without the intervention of a court of law. It is the most easiest way of resolving disputes. The parties themselves decide to resolve the dispute among themselves.
- Mediation: Mediation is a mechanism of alternative dispute resolution where two parties resolve disputes by appointing a third party who is neutral and impartial towards both parties. It is to be noted that the mediator should be appointed with the consent of both parties.
- Arbitration: Arbitration is an alternative dispute resolution mechanism where a party appoints a third party who is professional in resolving the dispute. The will of the parties is supreme in the arbitration process. The venue of the arbitration is decided by the parties, whereas the seat of the arbitration should be clearly mentioned in the arbitration contact.
- Litigation: Litigation is one of the most common ways of resolving disputes by arguing the contentions in court. It is the costliest and longest process to resolve any dispute. Lawyers are appointed who are specialised in resolving building and construction disputes to argue on behalf of the parties.
Building and construction disputes arise when there is a delay in the performance of a contract, a violation of the terms of the contract, etc. There are many ways in which building and construction disputes can be resolved, like through negotiation, mediation, arbitration, and litigation.
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