Five strategies to resolve your construction dispute
Construction disputes can significantly disrupt project timelines and inflate costs. Given the challenges that can arise in construction projects—ranging from professional negligence to breach of contract—it is critical to address conflicts promptly. B P Collins’ dispute resolution team which specialises in construction, highlights five key approaches to effectively resolve your disagreement.
Prioritise clear communication
Miscommunication is a leading cause of construction disputes. To prevent minor disagreements from escalating, all stakeholders—including contractors, owners and subcontractors—should maintain transparent and consistent communication. This can be achieved by holding regular meetings to discuss progress, challenges and potential issues; listening to the other party’s perspective and document all discussions to avoid misunderstandings later. When disputes arise, addressing them early through direct dialogue can often lead to quicker, more amicable resolutions.
Mediation
When direct negotiations fail, mediation offers a structured alternative to litigation. A qualified mediator acts as an impartial facilitator, guiding disputing parties toward a mutually acceptable resolution. Compared to a potentially expensive and lengthy court battle, mediation is less costly and time consuming and can help to maintain a relationship between both parties. It is particularly useful when each side is willing to compromise but need assistance in reaching a fair agreement.
If you need advice on how to resolve your construction dispute, please get in touch with our dispute resolution team by email or by phone on 01753 889995.
Maintain meticulous documentation
Comprehensive record keeping is essential for preventing and resolving disputes. Proper documentation provides clarity and serves as evidence if disagreements arise. This can include written contracts, design modifications, records of meetings, calls and emails showing agreements, discussions and decisions. Well organised records can expedite the resolution of a dispute by providing evidence of commitments and actions taken.
Adopt a willingness to compromise
Dispute resolution can require concessions from all parties. A rigid stance can prolong conflicts, whereas a collaborative approach fosters quicker resolutions. Where possible, identify common goals between you and the other party, as this will help you to focus on practical solutions and be open to alternative proposals. A willingness to negotiate can also prevent costly delays and maintain working relationships.
Talk to a construction dispute resolution lawyer
If direct negotiations fail, seeking legal advice is a prudent next step. A litigation lawyer with experience in the construction sector can provide critical insights into contractual rights, dispute resolution mechanisms, potential legal ramifications and outline the best possible outcome for you. Early legal advice can help parties assess risks and make informed decisions.
With a proven track record of success, B P Collins’ dispute resolution team will identify a bespoke and cost effective strategy to minimise disruption to you and your business and achieve an efficient and commercial resolution. Please email enquiries@bpcollins.co.uk or call 01753 889995 for further information and advice.
