Users' questions

How do construction contracts cause litigation?

How do construction contracts cause litigation?

What do most causes of construction litigation involve? Breaking contractual obligations. Contracts outline what’s promised between two parties during a project. If the end result isn’t as stated in the contract (or something on the project goes awry), the affected party may make a legal claim for breach of contract.

How can construction litigation be avoided?

12 simple tips to avoid going through Construction litigation

  1. Upfront planning before work can guarantee you to that you will finish on time.
  2. Document daily reports for any defects that may arise during execution.
  3. Make sure schedules are realistic and flexible enough to include any defects or anticipated disruptions.

How do you deal with difficult clients in construction?

General Tips For Dealing With Difficult Clients

  1. Explain the plan and set expectations.
  2. Prepare yourself and your construction workers.
  3. Listen to them.
  4. Dig a little deeper.
  5. Don’t argue. Apologize (but remain strong)
  6. Improve task management and follow up.
  7. Use construction management software.

How do Constructioners get clients?

Construction Marketing: 12 Tips to Get Clients in Construction

  1. Build – and Maintain – Your Reputation.
  2. Keep Jobsites Professional.
  3. Keep In Touch.
  4. Learn About Marketing.
  5. Visit Potential Clients.
  6. Have An Updated Website.
  7. Celebrate Successes or Milestones And Invite the Media.
  8. Have Everyone In The Company Involved.

What are the two major causes of legal disputes in construction contracts?

According to the 2018 Global Construction Disputes Report, contract disputes are the leading cause of legal issues for the construction industry, including contractual errors and omissions, poor contract administration and contractual misunderstandings.

What is negligence in construction?

Tort is a collection of civil law remedies entitling a person to recover damages for loss and injury which have been caused by the actions, omissions or statements of another person in such circumstances that the latter was in breach of a duty or obligation imposed at law.

Why do disputes occur in construction?

Disputes frequently arise in respect of delays and who should bear the responsibility for them. Most construction contracts make provision for extending the time for completion. If the contractor fails to do so, then any rights to extend the time for completion will be lost, both under the contract and at law.

Why do disputes arise?

Issues that concern matters of fact or law Many disputes arise because there is a difference of opinion between the parties about factual matters, such as what happened. Other disputes arise because there is disagreement about the parties’ respective rights or responsibilities under the law.

How do you end a difficult client?

Stay calm, rational and polite. Give reasons for terminating the relationship, but keep emotion and name-calling out of the conversation. Follow-up with a phone call. You can start the process with an email, but you should follow-up with a phone call to talk your client through the process and answer any questions.

What is a client in construction?

The CIOB Code of practice for project management 4th edition, defines a client as the ‘Entity, individual or organisation commissioning and funding the project, directly or indirectly. ‘ The client is also sometimes referred to as the: Employer.