Construction is complicated. Between contracts, timelines, budgets, and unexpected delays, it’s a miracle when everything goes smoothly.
But when it doesn’t, you might find yourself in a construction dispute – all with money, reputations, and legal consequences on the line.
Whether you’re a contractor, a property owner, or a developer, knowing how to handle a construction dispute is essential. Here are the steps you can take to do so.
Spot the Warning Signs Early
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Most construction disputes don’t happen overnight. They build up over time.
Some red flags include:
- Unclear or changing project scope
- Delays without documented reasons
- Unexpected increase in cost
- Poor workmanship or defective materials
- Communication breakdowns
The earlier you recognise these signs, the more options you’ll have to resolve the issue before it escalates.
Also, make sure to keep records from day one.
Review the Contract
Before taking any kind of action, go back and read the signed agreement. Most construction contracts include dispute resolution clauses that outline:
- What qualifies as a breach
- How to notify the other party
- What methods (mediation, arbitration, litigation) should be used
- Timelines for responses
Knowing what you agreed to helps prevent unnecessary legal issues and strengthens your position if things escalate.
Communicate Informally First
Don’t underestimate the power of direct, professional communication. Many construction issues come down to misunderstandings, and a simple attempt at negotiating fixes things.
Before involving lawyers, try to:
- Schedule a face-to-face or virtual meeting
- Share your concerns clearly and with evidence
- Offer a solution instead of just complaining
- Keep records of everything discussed
Consult a Construction Expert Witness
If the issue is technical, like a structural issue or a code violation, this is where construction expert witnesses can step in early to assess the situation and provide expert insight.
Sometimes, things can get heated, and these experts can help by:
- Conducting site inspections
- Reviewing documents
- Identifying violations or issues
- Assessing flaws and mistakes
- Providing a written report that can be used in mediation or court
In short, they give you a professional opinion based on facts, which strengthens your case.
Try Mediation
Mediation is often required before litigation, and it can be surprisingly effective.
What happens here is:
- A neutral third party helps both sides communicate
- Each party presents their side
- You work toward a mutual and voluntary agreement
While it’s an informal process, bringing along relevant documentation gives you a competitive advantage. It’s also faster, cheaper, and less hostile than court.
Explore Arbitration
Many construction contracts require disputes to go through arbitration, which is more formal than mediation but still private.
Arbitration involves:
- A neutral arbitrator
- Legal arguments, witness testimony, and evidence
- A final binding decision
Here’s where your construction expert witness becomes invaluable.
Go to Court
If all else fails, you might end up in litigation. This is the last resort when nothing else succeeds in resolving the dispute.
Court proceedings can be long, expensive, and high-pressure. But sometimes, they are necessary. You can expect:
- Formal discovery
- Depositions and pre-trial bearings
- Full trial with lawyers, judges, and a jury
Again, a construction expert witness is critical here. Just make sure they’re experienced in courtroom settings.
