What Is My Recourse If I’m Dissatisfied With An Illinois Construction Project?
When a construction project goes awry, litigation is usually the last resort. Your case could be resolved in other ways without the time and expense of a lawsuit. This blog post describes your legal options for dealing with problems in an Illinois construction project. If you have questions, our construction litigation lawyers in DuPage County at Keller Law Group are ready to help with your case today.
Problems With Construction Projects
One of the common types of construction disputes arises with a defect of some type. The major areas of contention are defects in design, material, and workmanship.
Generally, the engineer or architect is liable for a design defect in the project plan. On the other hand, a contractor or subcontractor is usually responsible for defects due to the failure to perform construction work per design specifications. A supplier may also be liable for defects in material. Some of the common problems that construction defects may cause are:
- Defective work requiring rework
- Worker injuries
- Cost overruns because of rework
How To Resolve A Construction Project Dispute
If you are dissatisfied with your Illinois construction project, you do not need to head to court yet. The first step of a construction project dispute is informal negotiation. This is where you and the contractor or contractors attempt to reach an amicable solution between themselves before moving to additional steps. If negotiation fails, other options are:
Mediation is a commonly-included part of construction contracts that involves a neutral third party to help resolve the dispute. Mediation is not legally binding, but it can resolve many construction project disputes in the early stages. The parties try to reach a fair resolution outside court before attempting other means.
Arbitration is another way that stakeholders may resolve a construction dispute. Many construction contracts list arbitration as a way to address disputes and construction problems. If the stakeholders choose arbitration, they must choose a neutral third party with sufficient construction litigation experience to resolve the issue. Unlike mediation, arbitration may lead to a binding decision in certain jurisdictions. The costs of arbitration are higher than those of mediation.
Construction project litigation may be the only recourse to resolve your project dispute if all other steps fail. The outcome is enforceable and legally binding when the case goes to court. It is the most complicated and expensive dispute resolution method and is also the slowest.
How To Prevent Construction Project Disputes
It is best to avoid construction project disputes if possible. Some ways to head off problems before they arise are:
- Make sure payment terms are clear: The contract should have detailed dates on when payment applications are made and when payments are released.
- Communicate clearly with all stakeholders: Construction projects could be smoother, so ensure all parties understand what is happening at every stage.
- Keep detailed construction and financial records: Informal agreements are trouble in construction projects, so have everything in writing.
- Follow your contract carefully: Ensure you understand the construction contract, including every clause, term, and amendment.
An experienced DuPage construction litigation lawyer can draft and review your contract to ensure you are legally protected. Your attorney also can assist you with defective construction, real estate acquisition, mechanic’s liens, sales and purchase agreements, architects and builders, and more.
Contact Our Construction Litigation Lawyers In DuPage County
Sometimes, construction projects go differently than planned, and disputes arise. If you have a construction contract dispute and informal negotiation is ineffective, our construction litigation lawyers in DuPage County at Keller Law Group can help. Call us at (630) 868-3093 today.