5 Methods Of Resolving Construction Disputes

In any business disputes, there are various ways of resolving the problems that may occur. In construction disputes, the most common disagreement will be between contractor and employer or sub-contractor and main contractor. Either way there are methods of resolving these construction disputes that do arise in the course of business.
Generally there are five methods to resolving Construction Contractor Salary disputes. The first would be to ask the contract administrator to make an informative decision as to how to resolve the construction dispute. You will find the name of the contract administrator in the contract which you have signed when you first went into business with the contractor. It is usually the architect but it could also be the employer or surveyor. A well drafted contract will usually state the contract administrator’s powers and specify whether the decisions are binding as most decisions can be overturned in court proceedings unless the contract states otherwise as being conclusive.
Negotiation is another method that is a useful way of resolving any Building Contractor Salary Uk disputes. It can be done over the telephone, by email or letters, at a meeting or even through mediation which is a form of alternative dispute resolution. Negotiations are without prejudice therefore any admissions, offers or counter-offers cannot be brought up in court proceedings if this form of alternative dispute resolution is not successful.
Adjudication is another option to resolving construction disputes. Parties to construction contracts have a right to adjudication despite whether it is written in the contract or not. It is a prompt way of resolving any problems which will lead to legally binding and enforceable decisions. Any decision however can be changed later if the dispute proceeds to court. This method of resolving construction disputes can start at anytime, even if the work is still going on. The decision by the adjudicator must be made within 28 days of the start of the adjudication. This adjudicator is to be impartial and aims to obtain a decision quickly so that the work can continue.
The next method of resolving disputes would be arbitration which is much more formal to adjudication and is only available where there is a genuine dispute between the parties and court proceedings are being considered. It must be remembered that an arbitrator must act fairly and only deal with the issues at hand.
Litigation is the last possible method of resolving construction disputes. This is where the work is then referred to court proceedings to end the problem. The extensive powers of the court will allow for disclosure of documents, witnesses and enforcing decisions. The estimated value of a dispute determines which court will deal with the dispute at hand.

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