Facing a Building Dispute? Here’s How a Lawyer Can Help You Win
Building projects are complex, often stressful undertakings. Consulting a solicitor for building disputes can assist with legal advice and claim pursuit. Furthermore, keeping detailed records and documentation is also key.
At first, direct negotiation should be the preferred method to resolve a conflict cost-effectively and maintain working relationships. If that approach doesn’t succeed, mediation is available as the next option.
1. Negotiation
In general, disputes can usually be settled through negotiation. An experienced lawyer can aid this process by making sure contracts contain clear language and specify dispute resolution processes to prevent disagreements and ensure both parties understand their legal obligations.
Building disputes often result from differing expectations between homeowner and builder, for instance. While one might expect high-grade materials, while another opts for more cost-cutting approaches in order to meet budgetary considerations. These discrepancies can quickly turn into disputes if left unaddressed.
Other common sources of construction disputes can include breaches in contracts, site problems, unanticipated cost increases and design flaws that lead to costly litigation claims that require legal help to resolve. A New York construction law firm with expertise can be called upon for assistance; disputes may be settled through mediation, arbitration or litigation depending on how complex and costly your claim is.
2. Mediation
Mediation, unlike arbitration or litigation, is an entirely voluntary process. Participants in mediation are encouraged to seek legal and other expert advice and information – though the decision-making power remains with them – but also have access to private caucuses (with their mediator).
If mediation results in agreement on some or all issues, they can be resolved at that time and signed off upon by all parties involved and their lawyers (if present). Otherwise, if mediation cannot produce results and an impasse occurs as to any issue, court action must take place and have your dispute determined by a judge.
Deliberating whether your dispute can be successfully mediated is of vital importance; an attorney can assist in this regard. Sometimes courts refer disputes to mediation at any stage in proceedings.
3. Arbitration
Once a dispute has reached arbitration stage, both sides should prepare all relevant evidence – this may include physical documents like contracts and receipts; written or email correspondences between disputing parties; as well as audio or video recordings – in their possession.
Prior to any hearings taking place, both sides typically submit pre-hearing briefs that provide an overview of the key issues and evidence each party plans on presenting. It gives arbitrators an in-depth knowledge of what is at stake while helping him/her prepare for hearings.
At hearings, witnesses are called in to testify and answer questions from both parties, with both having the chance to cross-examine witnesses. When all evidence has been presented to an arbitrator, their final decision may either be binding or non-binding according to what was stipulated in their arbitration agreement; appeals can only be lodged if serious issues such as fraud or exceedance of jurisdiction are found within it.
4. Litigation
Litigation may seem like the only viable solution when it comes to settling disputes; however, other means exist which are less formal and cost-effective.
Mediation and arbitration can provide fast, cost-effective resolution of disputes without litigation. Furthermore, these strategies help preserve relationships while reaching mutually beneficial agreements.
Litigation involves court proceedings, with a judge overseeing proceedings and assigning deadlines and timelines to all parties involved in litigation. If parties fail to abide by these rules, costs orders or even having their claims or defences struck out may result.
As soon as someone contemplating litigation seeks legal advice, it is vital that they consult a lawyer early. A legal professional can assess the facts and circumstances surrounding a dispute to help identify an effective course of action and help ensure it is filed within its required legal timeframe, which varies depending on your state of residence.