After every dispute that arises in any organization regarding construction, the main thing that comes to their mind is how to solve the dispute. Why people think about solving the disputes in the first place is because the disputes might take a lot of time of the construction and can harm the reputation of the contractor as well. That is why the aim is always to solve the disputes as early as possible so that no relationship gets damaged between both the contractors and the clients.
Lawyers for contractors can help in the resolution of the disputes. The construction lawyers in Dubai will help the contractors if the case has gone out of hands but if the case is still under control, other methods can be used as well.
There are a lot of things that are done by the contractors in order to avoid the disputes. By adopting these things, the contractors get saved by the disputes which save their reputation as well.
The reason behind the arousal of the construction disputes
There can be a lot of reasons behind the arousal of the disputes. When some sort of disagreements arises between different parties, the contraction disputes arise. People perceive them as the real violation of a construction contract
Here are some of the reasons which will tell you why do construction disputes arise?
Lack of understanding regarding the conditions of the contract
There may be some people who do not read the contracts carefully. Due to this, a lot of problems arise for them in the future. This is because when they do not read the contracts, they are not well aware of the facts that have been written on the contracts which makes the disputes arise.
Delays
When the contractor keeps on delaying the start of the project, the clients get mad at them which causes the disputes to occur whereas, in case of the clients, the clients do not pay the contractors on time which become the reason behind the disputes.
No administration causes disputes
When the clients do not administer the contractors properly, they do not become able to execute the plans of the clients in a manner they want it to be. Clients must administrate the
Incomplete claims
Sometimes the parties claim falsely which is not only the violation of the rules but also becomes the cause of a lot of problems. Parties should not claim anything that they would not be able to do. This can harm their reputation as well. so, if the contractors, as well as the clients, do not need any problem with their project, they should not play the wrong games or else things would not work out between the parties at all.
If the disputes do not get resolved, they will result in the termination of the contract which will not be beneficial for both the parties.
Tips to resolve the construction disputes;
- Negotiation
- Mediation
- Expert determination
- Adjudication
- Arbitration
- Litigation
1. Negotiation
Because of the negotiation clause, the chances of the dispute from arising reduces because this clause includes the agreement that if any dispute arises between both the parties, they will attempt to resolve the dispute. This means that they will have to go for the resolution of the disputes before using any other means.
2. Mediation
A third party is included in the matter according to the mediation clause. This is done in order to mediate the process so that the dispute can get resolved as soon as possible. note that there is no connection to the court in case of mediation. This is actually a very effective way of resolving the disputes.
3. Expert determination
Expert determination Can be used as an alternative to the mediation. When the opinion of an expert is required, the disputes are solved by taking the expert determination into consideration. This is a less time-consuming procedure so if the parties are looking for a solution that takes less time and solve the problem as well, they can go for expert determination easily.
4. Adjudication
A third party is included in this method just like mediation. The main difference between adjudication and mediation is that the adjudicator will be the person who will give the decision whereas, in case of mediation, the mediator just assists both the parties in finding a solution to their problem.
5. Arbitration
A neutral third party will be present in this method. The role of this third party will be to resolve the problem as they have a great experience in it. the arbitrator will check all the documents and the situation to come up with a decision. Note that the decision taken by the arbitrator will take the side of one party.
6. Litigation
Another thing that is included in the dispute clause is called litigation. When the parties see no other way of resolving the dispute, the option of litigation is used. The litigation method can be appealed as well. It is comparatively complex than other matters and slow as well. that is why people prefer taking other methods into consideration than this one.
Construction and Infrastructure Lawyers Dubai, as well as the contractor lawyers, will help all the people that are having problems regarding their construction.
