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How to Resolve Dispute Resolution for Buildings Prior to Legal Action

Construction projects can span months, even years, with the functional longevity of several decades. With such long-term operations, various complex and improbable issues are likely to arise. Construction projects’ long-lasting nature makes it almost impossible to resolve and iron out every issue, reservation, or liability. Therefore, it is expected that certain situations may evolve into building disputes between the contracted parties.

How to Reduce the Chances of a Building Dispute Arising?

While there is no way to address all possible construction and building disputes at the onset, you can drastically reduce the likelihood of their occurrence by taking several preventative measures:

Two people shaking hands over a contract

  • Present clear-cut and reliable project information with predefined release schedules
  • Avoid making exaggerated claims
  • Carry out a systematic risk assessment
  • Ensure enough funding is available along with the right procurement route
  • Use standardized and unaltered contract forms
  • Guarantee the project team is equipped with the right resources and skills
  • Sign agreements with realistic timelines and a uniform project workload
  • Consider and manage third-party contingencies beforehand
  • Set up a collaborative working schedule
  • Keep lines of communication open and keep well-maintained records
  • Have a streamlined warning system in place to identify problems
  • Have a proactive approach to mitigate issues and address and settle disputes

What to Do When a Building Dispute Arise?

If a disagreement occurs, the contracted parties should first attempt to resolve the dispute among themselves. It is the easiest, quickest, and most cost-effective way to perform dispute resolution for buildings. When one-on-one dispute resolution is not feasible or has not worked, the contracted parties should engage in Alternative Dispute Resolution (ADR) procedures as an alternative of going to court.

Alternative Dispute Resolution for Buildings

ADR offers the least complex, adversarial, and expensive way to resolve the matter compared to court proceedings. It allows contracted parties to iron out issues in the least amount of time while maintaining a good working relationship. Mediation, adjudication, arbitration, or any combination is used to carry out ADR procedures. If legal action is unavoidable, contracted parties can agree upon the full-court proceedings through a settlement.

The Role of a Contract Administrator

A contract administrator is an expert in the field responsible for creating and managing legal contracts for a business. This critical role ensures that all parties fulfill their obligations as outlined in the formal agreement.
During a dispute, responsibilities of the contract administrator include:

  • Setting up an informal negotiation between both parties.
  • Notifying both client and contractor of contractual obligations and advising on procedures that must be followed.
  • Providing all the necessary information to both parties without becoming directly involved in the dispute.

If you face an unresolved building dispute and want to resolve it with expert help, contact Zero/Six (Z6) Consulting. With over 50 years of collective experience consulting in the construction industry, Z6 Consulting is a leader in delivering innovative solutions for building disputes, including commercial and residential projects.
Z6 Consulting has expertise in:

  • Building and failure diagrams: Z6 can accurately model each construction by factoring in the bulk density, permeability, thermal conductivity, built-in moisture, specific heat capacity, color, and porosity of all material found in the assembly.
  • Testimonies and building envelope investigations: Our dedicated teams bring a quality of service unmatched in the industry, and the experience to guarantee that your building envelope performs at the highest level.
  • Construction management: Z6’s vast experience in construction management offers our clients innovative ideas and proven solutions that contribute to the project’s overall success, from planning, coordinating, and commissioning through the project’s life and beyond.

Find out more about our services on dispute resolution for buildings by calling us at 409-740-0090 or visiting our website today. We also provide construction dispute resolution services in San Antonio, Houston & nearby.