Six essential ways to resolve construction disputes

Whether it’s a mistake in the design created by the owner or a delay in the supplies reaching the project site, several factors can cause a delay in projects. The delay, in turn, results in additional costs that the contractor, the owner and any vendors may be held liable for.

Disputes for delays may arise, and it's up to expert witnesses to help resolve these issue using the evidence and effective analysis they perform.After the choice of the right dispute resolution method, the experts provide their analysis based on which the final decision may be reached.

Effective claim resolution is essential to carry on with the project work which is why it important to opt for the best Delay experts to help analyze the delay claims and to provide their expert opinion to be acted upon by the deciding parties.

The article highlights the six ways to resolve construction damages and disputes.

How to resolve construction disputes

Whether its conflict resolution outside courts or in the courts, experts witness play an essential role in helping resolve disputes in the construction industry. Dispute resolution is essential in order to continue with the construction projects. Read on to know the ways used to resolve construction disputes:

Negotiating claims

A clause in the contract justifies the negotiation method to be used in the case that a dispute arises. In case a dispute arises between parties, the two disputing parties are bound to resolve the disputes between themselves before they head on to other methods of dispute resolution.

Mediation through mediators

Similar to negotiation in nature, however, mediation requires the inclusion of third parties to reach a decision. The third party is referred to as mediators and is responsible for conducting the sessions. Although referred by experts, mediation does not involve any legality, and the parties are free not to obey what mediators suggest.

Despite its informal nature, mediation may be an effective claim resolution method,   in the absence of which the matter could become worse.

Determination by experts

 An ideal dispute resolution method that not only saves time and effort of parties but also makes it possible for the parties to gather expert’s advice! Expert are specialists in their respective fields and although may not be providing a legally binding ruling, provides an effective way for parties to resolve their disagreements.

Adjudicator through adjudicators

 Similar to a mediation proceeding where a third party assists the disputing parties by helping them reach decisions, adjudication is different in the way the adjudicator delivers the decision.

 The court may also be involved to help enforce the decision made by the adjudicator. Adjudications are cost-effective formal proceedings that allow the project work to continue while disputes are being resolved!

Arbitration through arbitrators

Although arbitration cost more than adjudications, disputing parties choose arbitration to help resolve their issues. The two conflicting parties agree to the decisions of an arbitrator who, after expert’s analysis, provides the right decision based on the experiences he has.

 In case parties fail to reach a mutual decision, the arbitrator will help resolution by siding with a single party. Since legalities are involved, arbitration decisions are legally binding.

Litigation through litigators

In case the parties are unable to find the right solution using all the processes mentioned above and in the light of expert’s analyses, they resort to a legally binding and in court settlement. Litigation is not only slow, but it is also thorough and comprehensive and costly. And quite often the last resort for dispute resolution!

Take away

Despite the many options available, however, it's natural and professionally sound to opt for the most simple, cost-efficient, quick ways to resolve disputes.

Regardless of the dispute resolution technique chosen expert witnesses have an important role to play in delivering the right analysis and evidence collected during the claim resolution. Their critical analyses make it essential to hire the most reputable Delay experts to help in effective and just claim resolution.