Resolving construction disputes in Illinois
Feb 14 2022 On Behalf of David M. Duree & Associates, P.C. Blog
Construction disputes are a common occurrence in the construction industry. Contractors and construction companies often experience disagreements about projects, contracts and other factors. If construction disputes arise, there is a risk that the construction project may get delayed or even stop. If you are involved in a construction dispute, it is important to take action to resolve the issue as quickly as possible.
Common construction disputes
One of the most common construction disputes is disagreements over construction contracts. Construction contracts often cover key elements of the construction project, such as payment terms and cost estimates.
Disputes can arise when the contract is unclear, or if one party to the contract breaches a term of the contract. For example, if a contractor fails to meet time limits for construction projects as set out in the contract.
Another common construction dispute is construction defects. Construction defects arise when the construction project does not meet certain standards or if the construction work is defective, such as roofing that leaks.
How should you resolve construction disputes?
The first step is to talk with the other party and try to reach an agreement. In some cases, construction companies, contractors and other stakeholders can resolve their issues by talking over the dispute and working out a suitable solution. If this doesn’t work, construction companies and contractors should consider alternative dispute resolution (ADR) methods. ADR includes negotiation, mediation or arbitration. Construction mediation, for instance, is a cost-effective alternative dispute resolution method that can help construction stakeholders settle their disagreements promptly with the help of a neutral third party.
Litigation
If the parties fail to resolve the construction disputes through talking or using ADR methods, construction companies or any other parties affected may need to take legal action in court. Unfortunately, court proceedings can be expensive and time-consuming, but it’s sometimes necessary.
Construction disputes can have a major impact on construction projects, including delays and cost increases. However, there are a number of ways to resolve them. Just remember that before you even get started on the process, ensure that you understand your rights, responsibilities and legal options.