Disputes happen. Whether it be in a commercial agreement, or on a building site, conflict can occur. Building disputes can stem from a variety of issues, from variations made during construction without prior approval, to a superintendent under the contract acting improperly.
When a building dispute does arise, people often jump to the last resort and threaten legal proceedings. Often, however, there is a contract in place between the parties, which outlines the procedure for resolving building disputes.
Looking to the contract first, and understanding what might be achieved through the terms and procedure it sets out, can save a lot of time and money – and, often, relationships. For this to happen, both parties must have a thorough understanding of the contract.
The building contract identifies what steps must be taken to attempt to resolve a building dispute. While contracts vary, the first step usually requires one party to provide a written notice to the other, giving formal notification of a dispute and describing the particulars.
The next step usually entails an in-person meeting between the parties’ representatives to discuss and try to resolve the issues at hand. If this process does not resolve a dispute, the parties are at liberty to take further action, such as litigation. Often, parties are required to go through this process anyway, before they can take further action.
The contract also sets out procedures to handle different circumstances.
For instance, one party may be in breach of the contract. In such a situation, that party may be served with a Show Cause Notice, where they are required to explain the breach and how it will be rectified. Failure to do so likely will see the contract terminated and a dispute for damages initiated.
Building contracts can be powerful tools in resolving disputes, saving relationships and enabling projects to finish on time and within budget. If a building dispute cannot be resolved in this way, you should seek immediate legal advice to protect your interests.
The proper legal advice can ensure that you remain in compliance with all the terms and obligations set out in your contract and help you make the most of the resources available. Highly knowledgeable and friendly construction lawyers are just a phone call away at Gavel & Page.
Gavel & Page handled a contract dispute we were involved with which would have cost us over $300k if unsuccessful, but they were successful. Not only did they deal with it expertly but with calm, confidence and grace. Excellent work.
Gavel & Page Lawyers looked over a lease for me, advised me on it and negotiated its terms. They also prepared all the paper work, advised and assisted me in the sale of my business.They were efficient and effective, getting me the result I was after. Highly recommended.
Gavel & Page Lawyers are now our “go to” firm for any contract or property related transactions. They were referred by a family friend and we were not disappointed. They reviewed all the documents and advised us on all the issues surrounding our purchase of a commercial property, ensuring the transaction ran smoothly and relieving a lot of the stress involved They also reviewed, drafted and settled commercial terms which were fundamental to our business. They explained the terms in a way that helped us understand their implications and significance which was of great benefit. A pleasure to deal with, down-to-earth, reliable, efficient and competent. Great job! Highly recommended!