No matter which side of a North Carolina construction project one happens to be on, there are opportunities for disputes and disagreements. This may include contract issues, schedule delays, disparities in expectations, payment issues or other problems. Some conflicts may be simple miscommunication, and others may involve serious defects. Avoiding construction law litigation is not always possible, but there are some ways to minimize the possibility of winding up in court.
When both sides have realistic expectations, it may lower the chances that either side will resort to a lawsuit. Arriving at a realistic budget and timeline is critical since these are two of the most commonly contested issues in construction. The budget and the schedule should anticipate setbacks such as scope changes and design errors, and both sides should be alert for potential issues and prepared to communicate the problems with the other parties.
The contract is the backbone of any construction project. Certain contract provisions are more commonly the cause of disputes than others, such as the terms of payment and what happens when one party wants to change the design. It is vital that everyone involved read and understand every term of the contract. A cursory reading of such a critical document is an invitation for trouble.
While avoiding disputes is always preferable, when conflicts arise at any phase of a construction project, they can result in costly delays. Those involved in construction projects may take every possible step to keep things moving along to completion, but when a dispute arises that both sides cannot resolve, it is wise to seek effective legal counsel. A skilled North Carolina attorney with experience in construction law litigation and arbitration can be an invaluable asset.