In this report, we will be discussing ways on how to resolve a home improvement construction contract work disputes between an owner, contractor, supplier or an architect.
Most home improvement projects end completing the project with the owner and the contractors when the final payment is made.
Sadly, sometimes a small percentage of home improvement projects ends in a dispute regarding the performance of the contractors, the quality of work, contractor delays, some kind of breach in the contract agreement, owner not paying for the work as per the contract proposal agreement or the combination of the actions by one or both parties.
Disputes of this nature sometimes may end in litigation by the parties. The parties involved should attempt to resolve the problem before contemplating litigation. Litigation is expensive, time consuming and delays the completion of the project.
Many times a dispute can be resolved if the parties are cooperative, reasonable and willing to work together.
For starters, let's broadly discuss the above situation.
1. Cooperative:
Cooperative is understanding the situation and that the problem can be resolved by being fair, patient and professional to each parties concerns.
2. Reasonable:
Reasonable concerns are that many times the problem will require additional costs. The question is how much and who will pay for the additional costs.
3. Solution:
First, the parties must be respectful of each others concerns.
Second, an agreement as to what the problems are and a determination as how to best remedy the problem.
Third, a cost analysis estimate of the work required to rectify the problems.
Should all of the above fail, the next step prior to litigation would be to call for a third party impartial construction expert (agreed to by all parties) to attempt to arbitrate a solution. The costs of utilizing the expert would be shared by all parties as per an agreement.
This method is highly recommended and is the least expensive other then the parties agreeing to a settlement. The parties respectfully should try to use all means available prior to litigation if possible. Litigation should only be the last resort not the first.
In conclusion, consider that the construction industry is quite complex at times and that each project is different. Home owners when contemplating home improvement projects need to do their homework. The importance of selecting an experienced contractor, construction manager, supplier or architect can and will impact the failure or success of the project.
In closing article 1093a report, note some words of wisdom.
"A word to the wise will be sufficient","buyer beware", "you pay for what you get"
Wishing you all good luck, success and a happy ending.
Your author Jon Ewall
About the author
Jon Ewall is an independent construction consultant manager with 40 years experience in all phases of the construction industry. He has been active in the construction and development of commercial, industrial, medical, multi-family, office, municipal, hospital, institutional, and restaurant projects. Jon's expertise provides clients positive solutions to construction related activities.
Comments and inquiries on articles are welcomed.
Contact CONSULTJEAL4U@COX.NET
No comments:
Post a Comment