How To Resolve Construction Disputes

Construction disputes happen often. There are many reasons why disputes arise, but a lot of people aren’t sure how to resolve them. The truth is there are several ways to resolve construction disputes. These ways include: 

Adjudication

This is a process that involves a neutral third party. The third party is the one who will give the final decision in the dispute. According to the Housing Grants, Construction & Regeneration Act of 1996, those who are involved in a construction dispute (and if there is a contract in place) can bring their dispute to an adjudicator. 

If you are successful in an adjudication, then you need to be able to enforce the decision. One way to do this is by applying to the Technology & Construction Court. The only way an adjudicator’s decision can be changed/challenged is via litigation or arbitration. 

There are a number of benefits of trying to resolve a dispute via adjudication. One benefit is it is a quick process. Not only that, but it’s typically not as expensive as going to court. 

Litigation

A very common way to resolve construction disputes is via litigation through the Technology and Construction Court. You’ll need to file a claim with the court. A good thing about litigation is that a judge will be in charge of managing the claim process. Not only that, but very complex construction disputes can be handled in the courts, and the decision will be both enforceable and binding. 

Keep in mind that it’s wise to enlist legal help when going through the litigation process. They can help you gather the needed construction expert witness to help you win your case. Going through the legal process can be complicated. Having an attorney by your side can make things less stressful. 

Mediation

This involves a mediator who facilitates discussions between those who are involved in the dispute. The goal of mediation is to resolve the dispute. Generally speaking, mediation produces fast results, but if the dispute is very complex, then it can take a while before the parties come to an agreement. 

Arbitration

This is an alternative to litigation. An arbitrator oversees the dispute, but after the parties involved agree to refer their construction dispute to one. Material facts, relevant principles of law and documentation plays a role in how a dispute will be resolved. 

The Arbitration Act of 1996 is what governs arbitrations in the United Kingdom. One of the key benefits of arbitration is it’s a great alternative to mediation. Furthermore, the entire process is confidential. Besides that, those involved in the dispute can agree to appoint an arbitrator that actually has the experience that is relevant to their dispute. 

Let’s not forget to mention the process is fast. It is also a flexible process. Finally, it is usually more affordable than litigation.

When it comes to construction disputes, it’s not always easy to resolve them. Every dispute is different, with some being very simple to resolve and others being complex. The best method to resolve a construction dispute depends on the nature of the dispute. It’s important to get legal advice if you find yourself in a construction dispute.

  • |