Building work mediation service Maidenhead

Building work mediation

If you are going through the process of having a commercial property or home built, if you are lucky enough, things will run flawlessly without having to solve any issues. Nevertheless, it is not uncommon that an concern will emerge that needs to be resolved throughout the building and construction job. For that reason, we have created this page to assist builders and property owners solve problems that may emerge during a building task.  

What are the Main Reasons for Construction Disputes Maidenhead?

Most of the time, these disputes arise as a result of a lack of agreement between the individuals on a contract. If there is an instance of a perceived or actual violation of the terms of the contract, there will be a lack of agreement between the parties involved. Unless such issues are carefully solved, the entire project might be sabotaged. Here is a breakdown of the reasons disputes might occur.
It is important to note a dispute does not imply that the contract has been breached, but if not properly solved, might lead to the termination of the contract, or, in some cases, a claim against the surety bonds of the contractor. That said, there is a need to reduce the chances of development of disputes, and both parties must do their due diligence before the contract commences.

What are the best ways to solve construction disputes?

As already said, once the contract has started, at some point, you will need to solve some inevitable disputes. Make sure to use the steps below to settle any problem that might arise amid the project.

1-Negotiation

The negotiation clause encompasses an agreement that in case there is a cause of dispute between the owner of the project and a contractor. The parties must try to achieve a just and satisfactory conflict resolution between themselves. They must only try other means of resolution if they can't solve the problem by themselves.

2- Mediation Maidenhead

The mediation clause states that in case of a third party's inclusion in the dispute, they must only undertake the duty of helping to resolve the conflict. Both parties must understand that mediation is not legally binding, but might be used to help a situation that is highly likely to deteriorate.

3 - Expert Determination

Other than mediation, a determination is a method used to solve conflicts that are special in nature, in circumstances that involve a valuation dispute, and there is a need for a specialist's opinion. While it is impossible to legally impose expert determination, in case both parties involved agree to this type of resolution, they will be able to avoid time-consuming procedures.

4 - Adjudication

The adjudication technique also involves a third party that must only be focused on helping to solve the situation. However, the difference with the mediation method is that, in this case, the adjudicator will provide a decision. Note that with mediation, the mediator must only help to find the best solution. The adjudication method might as well involve court application to help enforce the decision made by the adjudicator, in case the decision itself fails to solve the conflict. This method is ideal since it is cost-effective and lets the project proceed while the issue is being solved.

5 - Arbitration

If both parties decide that arbitration is the best thing to go for, they will invite a neutral third party to help settle the dispute. To effectively use this method, the parties must agree to the arbitrator with the right skills and experience to solve the conflict. The expert will use actual documentation that contains facts concerning the issue at hand, and if parties don't manage to achieve a consensus, he/she has the freedom to make a decision that favours one party. Before choosing this conflict resolution method, you need to understand that arbitration is legally binding based on the jurisdiction. Also, compared to other conflict resolution methods, the cost of arbitration might be a little higher. In some cases, it might be as high as some legal procedures.

6 - Litigation

The last method involves litigation if the homeowner and the contractor fail to find the best way to solve their issue. Litigation features a trial, which makes it legally binding and enforceable, but can also get appealed. Of all the methods mentioned, litigation might be the most thorough. However, in many cases, it is slow and costly, and if possible, should only be used after trying other methods without bearing fruits.

Frequently Asked Questions (FAQs)

It depends on the technicality of the issue at hand. If it needs a lot of time to solve, then you can consider pausing the contract until everything is ironed out.
You must only use one method at a time. Note that each step has its own rules that must be followed. If you use one method without success, you are free to try another one until the conflict is fairly solved.
It is already said that the decision made by the arbitrator is legally binding, which is why both parties must only agree to work with an expert whose knowledge and skills are convincing. This will reduce the likelihood of being forced with a decision that you find unsatisfactory.
If you are the homeowner and realize that you are not happy with the work, you can use the documentation to start a case against the contractor. However, the process might be lengthy and costly, based on how you choose to solve it. In most cases, where an issue arises after the contract is closed, you will need to report to the court of law.

The Bottom Line

If you are a homeowner and you need to hire a contractor, there are things you can do to reduce the chances of dealing with conflicts. For instance, before commencing the project, you have to ensure that you have hired the right company to do the work. Go through their website and check if there are any complaints raised against them. If there is any, then you have not found the right company to hire. However, if you do your homework, and still, some conflicts arise, use the methods mentioned above to settle the case. Start with the easiest ones until you are happy with the decision made.

03300 101 382 call us today for help with building work mediation Maidenhead