The construction industry is an exciting and crucial part of the economy. The construction process here in Illinois is fairly smooth and most projects are completed on time. However, the massive scale of construction projects and the number of parties involved can lead to several issues in each project.
From contractors to subcontractors, property owners, and architects, the number of people involved in a single project can lead to differences of opinion or conflicts. With a substantial amount of money involved in each project, each party would want to ensure that the project goes forward without any problems. Having a vested interest in the successful completion of a construction project can lead to disputes that can become a problem for the project when differences arise.
This post will discuss some of the most common disputes that can arise to understand what you can expect to face.
The Most Common Causes of Construction Disputes
Understanding the most common causes of construction disputes can help you determine the best course of action when it comes to addressing them. Let’s take a look at what you can expect to face so that you can make a more well-informed decision on how to deal with them if they ever arise.
1. Contractual disputes
Perhaps one of the most common reasons for construction disputes, contractual errors can be a significant pain point for everyone involved in a construction project. Contractual disagreements can be unique to each case. A standard form of contract might lay down the risks and obligations for all of the stakeholders involved in a project. All the stakeholders sign the agreement before work on the project can begin.
However, construction projects are typically long-term commitments with a significant degree of uncertainty. Depending on the changing situation, the original terms that all the parties agreed to on the contract may cause problems as the project progresses. It is a very common practice to amend the terms and conditions of projects and create contracts to integrate the changes. Unfortunately, not all the stakeholders might agree to a change in the terms.
This can result in disputes arising between the parties because the changes could impact different aspects of the project. Finding the most viable solution to amendments in the contract would require someone to enact changes that every party can agree upon before the changes come into effect. An experienced professional who has dealt with such issues in the past can offer reasonable conflict resolution to satisfy all parties involved.
2. Construction quality
Considering the substantial amount of capital invested in every construction project, it is only natural for stakeholders to expect strict adherence to the highest quality and standards for the project. One of the most common causes of construction disputes occurs when a contractor does not provide an acceptable standard of workmanship as expected by the property owners or developers.
While most construction projects proceed without issues like this, it is possible for owners and developers to sue contractors for performing a substandard job. In some instances, owners and developers can refuse to pay contractors if they feel that the work is below the agreed-upon standards and the contractors can sue them if they are not paid for the work that they have done.
3. Construction materials
The construction material used is another common cause of disputes in construction projects. A comprehensive contract that covers every facet of the construction project in detail and outlines the materials that need to be used for the project can help all stakeholders avoid facing these issues. However, there are instances in which contractors do not use the listed materials in a contract and substitute them with lower-quality alternatives.
In that case, the property owner and developer can raise an issue and possibly sue the contractor for using substandard materials.
4. Timeline issues
Construction projects are generally long-term commitments that can involve years of work before the project is complete. It is not uncommon to see construction projects take much longer to be completed than anticipated at the start of the project. Most property developers and owners can extend the deadline for the completion of a project, provided that there are reasonable delays caused by factors that the contractors and subcontractors cannot control.
However, the developer or owner can sue the contractors or subcontractors for not delivering the work on the timeline they agreed upon in the contract. This can happen in cases where the timely completion of a construction project is a necessary requirement for the stakeholders. Legal action due to delays in the project can result in even more significant financial losses for all the parties involved and further delays for the project.
5. Nonpayment issues
It is an unfortunate practice that is not seen commonly in the industry, but there are instances in which contractors and subcontractors are not paid on time for the work they have done. When a contractor or subcontractor adheres to the timeline, delivers high-quality work, and uses the materials agreed upon in the contract and the property owner or developer does not pay them on time, they can sue the property owner for non-payment.
Contractors can also force the property owner to make the payments by placing a lien on the owner’s property until the payment they are due is fully cleared. It is essential to have a comprehensive construction contract in place that covers all the aspects surrounding materials, timeline, payments, and all the other matters before the work begin on the project to avoid facing these issues.
Find The Right Legal Help To Resolve Construction Disputes
While most construction projects proceed without any complications, disputes are unpredictable and often inevitable in some projects. Regardless of why the disputes take place, they can become a costly affair unless all the parties involved can find a viable solution.
Fortunately, it is possible to avoid or effectively resolve any construction disputes to ensure the satisfaction of all the parties involved. All you need is the right legal help that a qualified and experienced construction lawyer in Illinois can provide.
If you are searching for legal professionals who can provide you with solid legal guidance on conflict resolution, consider working with the experienced attorneys at Gryzmala Law Offices.
The firm provides excellent guidance on conflict resolution and offers comprehensive representation to all the parties involved in a project, from general contractors, material suppliers, subcontractors, and developers to architects, owners, and other construction professionals.
Contact them today to learn more and speak to experienced construction dispute attorneys for your construction project.
