Construction companies and contractors are typically able to accept and complete jobs without any significant problems. Unfortunately, disputes related to these types of jobs are all but inevitable when you’ve been in this business for long enough. In many cases, these types of disputes can be resolved through dialogue, mediation, and other resolution techniques. Sometimes, however, they end up going to court to be litigated.
Litigation can be a time-consuming and very costly option, and knowing when a dispute is headed in that direction can help you to better prepare for it. The following signs can be strong indicators that a particular disagreement is going to end up in court.
Only Able to Speak to Other Parties’ Attorney
If the other party begins to tell you that you should be speaking with their attorney, this is one of the most obvious signs that your case is heading to court. While retaining an attorney for a construction dispute is a good idea, it is a bad sign when the other party completely refuses to speak with you without their attorney present.
Unwilling to Compromise
In virtually every construction related dispute, there is room for compromise. If the other party won’t give an inch and is essentially just repeating their demands every time you speak with them, it is likely going to be necessary to litigate the case. In these types of situations, the courts will often force the compromise to take place, so you may be in a strong position.
Poorly Drafted Contracts
Few things can prevent a construction dispute better than a clear, well-written contract. When a contract has all the necessary information, it becomes difficult to have a dispute because all the potential problems have been dealt with ahead of time. Sadly, a large percentage of construction contracts are missing some essential components. A competent lawyer will catch it.
Breakdown in Communications
When a dispute is just starting, both parties are typically willing to talk about the issue and try to work it out. At some point, the other party may stop accepting your phone calls, and be unwilling to meet with you to try to resolve the issues. They may even be trying to ignore the problem until it goes away. If all, or even most, of the communication has stopped, it is likely time to get the courts involved.
Don’t Hesitate to Reach Out to Us
No matter what your dispute is about, we are here to help. Contact FCLG to go over the details of your situation, and get advice on how to best proceed. If your dispute does indeed need to go to court, we will aggressively represent your interests to help you to get the best possible outcome.