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Construction disputes should be handled by reviewing the contract and attempting to reach a cordial agreement. Alternative dispute resolution may be necessary. Non-payment issues can be resolved through legal procedures, including imposing mechanical liens. Property owners can request removal of liens through a legal process.
The best way to handle a construction dispute will depend on several factors. These include the nature of the issue, the role of the person experiencing the issue, and the jurisdiction where the issue arises. When disputes cannot be resolved by reference to the contract, alternative dispute resolution may need to be considered. If a construction dispute arises between a client and subcontractors, the original contractor should be consulted. Matters relating to non-payment of services or unjustified privileges can be handled by following the appropriate legal procedures.
When a construction dispute arises regarding work that has been or is due to be done, the best first step is to review the contract. A contractor is generally not obligated to do anything that he has not consented to, and the client is usually not required to pay for services that he has not requested. If the matter cannot be resolved by reading the contract, it is best for both parties to try to reach a cordial agreement. In cases where this is not possible, alternative dispute resolution may need to be initiated.
Sometimes a person will enter into a construction services agreement with one party. Such party may not personally be able to fulfill all terms of the contract and may engage subcontractors. In that case, both the property owner and any subcontractors should go to the original contractor in the event of a construction dispute. The landlord should realize that he has no contractual relationship with the subcontractors working on his property, and therefore generally has little or no authority to make claims. Subcontractors should take their guidance from the original contractor and be sure to consult with him before making any changes requested by the clients.
It is common for a construction dispute to arise due to non-payment for services rendered. While a construction worker generally cannot undo work done, there may be legal action that he can take. Many jurisdictions allow contractors to impose mechanical liens on their clients’ property. This will prevent the client from selling or refinancing the property without paying what is owed to the contractor.
If the construction dispute arises because a property owner is subject to a mechanical lien but feels they shouldn’t be, there is a legal process that will allow them to resolve this issue. This commonly involves a written request to the contractor who placed the lien to explain or remove it. If the contractor refuses, the matter can be taken to court and the contractor will have to justify the pledge. If he can’t, the court can order their removal.
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