If you want to minimize the potential risk that future construction disputes pose, a good strategy is to set clear expectations long before a dispute occurs and stick to them. Follow these tips for minimizing the risk and uncertainty that can arise when facing a construction dispute.
- Document everything as it happens from the very first contact, including negotiations, meetings, daily work progress, and costs. You should frequently take pictures of your work. Be sure to keep this documentation organized so that it can be easily referenced. Documentation can be time-consuming and is often neglected, but is very important if a construction dispute occurs.
- Know the project and your role in it. While projects are often given labels like “design-bid-build” or “design-build”, these are terms of convenience. Be comfortable and familiar with the specific details of your responsibilities.
- Negotiate the contract carefully and avoid unclear terms. Pay close attention to provisions concerning the scope of your responsibilities, such as change orders, notice and claims procedure, dispute resolution, and prevailing party attorneys’ fees. If you need a construction law attorney to review a contract or assist with negotiations, let us know how we can help.
- Once you have agreed to a contract, consult it regularly and abide by its terms.
Lukins & Annis attorneys can assist with legal matters concerning construction projects, from contract negotiation to construction dispute resolution. Want to talk to a construction law expert? Contact us.