Law Office of Henry B. LaTorraca Civil Trial Attorney

Construction disputes and resolutions

A California construction contractor that has a dispute with a client may not know what steps they should take to limit the damage to their reputation and relationship with the client. Legal claims, which can be costly for both the contractor and client, could place a construction project in jeopardy. To avoid such situations from occurring, there are certain actions that contractors can take to resolve the disputes.

First, it is important to understand why or how construction disputes occur. Disagreements regarding a contract can be based on real or perceived violations of the contract terms. Disputes are also caused by poor comprehension of the contract conditions, the failure to administer the agreement, contract delays and unproven claims regarding the involved parties.

To lower the chances that a dispute will occur, each stage of the construction process should be optimized, beginning with the construction contract. The dispute clauses included in the contract should provide multiple methods of resolution. Additional preventative tactics to employ during the planning and execution stages of a construction project include conducting comprehensive planning before any work begins, reading the entire contract and asking for clarifications if there is any confusion and negotiating clauses that may present problems.

One of the methods that should be included in the dispute resolution clause is negotiation. This would require that both parties at least attempt to come to a mutually agreeable resolution between themselves before engaging in other resolution methods.

An attorney who practices business and commercial law may assist clients who are involved in contract disputes, including those regarding construction or real estate contracts. The attorney could evaluate the circumstances that surround a dispute as well as the terms of the contract.

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