How can I avoid a construction dispute?
According to research by global management consultants Arcadis, the average length of a construction dispute in the UK is 18.5 months so it’s no wonder so many people want to know how to avoid construction disputes before they even begin. Although in some situations a dispute might be unavoidable, most can be headed off before they become costly.
Document everything
It’s essential to have a written agreement that sets out every aspect of the project, from detailed requirements to payment schedules. This not only provides evidence of what was agreed, but can help to avoid a dispute by ensuring everyone is on the same page from the start.
Record daily events
You don’t need to go into vast detail but a daily record of what has happened on the project means you are not relying on your memory if problems arise in the future. If you can produce a written record that something did or didn’t happen early on then you might well be able to halt a dispute before it has even gotten off the ground.
Take legal advice early
Often, the best way to avoid a construction dispute is to take legal advice before you even have to face one. Early involvement of lawyers can ensure contracts are watertight, negotiations are properly recorded and early conflicts are swiftly dealt with.
Photographic evidence is very useful
Taking pictures throughout the lifespan of the project will give you a time stamped record of what has occurred. Images that show problems on site and issues with work and faults and are very difficult to dispute. Just make sure that the images you take are clear, unambiguous and have been captured with a device that will create a photo with date and time on it.
Make sure that any changes are made in writing
If the original contracts are to be varied or early agreements changed then this should always be done in writing. This is in the interests of both parties, as without writing it down there is no record of agreement. If there is no record of agreement then it’s easy for one party to deny that agreement ever existed and that can trigger disputes of dramatic proportions when tempers flare. Although it can seem unnecessary and time consuming when everything is going well, recording changes in writing can keep you out of the courts should a relationship deteriorate.
If problems arise, don’t be so sure that you don’t have records
Even if you haven’t written variations down or created a detailed agreement about the project that doesn’t mean you won’t have records that you might be able to use. Email chains, for example, may contain information or deleted documents that can be recovered to help head off a dispute.
Remember the human element
As anger escalates in disputes it’s sometimes easy to forget that you’re dealing with another human being with the same anxieties, needs and fears. Sometimes the solution to dissolving the dispute is to be reasonable, open and even show a little compassion. If it helps to avoid the cost of fighting in court it’s worth it.
To arrange a free initial consultation to discuss a construction related dispute call John Sim on 01539 723 757 or email jsim@templeheelis.co.uk