What to do if a contractor violates your construction contract

On Behalf of | May 21, 2024 | Construction Contracts |

When a contractor breaches a construction contract, it can be a source of stress and inconvenience. Depending on the situation, the violation may even increase the cost of completing the project.

Knowing what steps to take under such circumstances should help to resolve the issue and protect your interests.

Enlist the services of a building inspector

An independent inspector can provide an unbiased assessment that confirms what you suspect. This professional will identify legitimate concerns and verify whether the work meets the required standards. An inspection report may significantly strengthen your position when negotiating with the contractor.

Document the violations

Keep detailed records of what you are observing. Take photos and save any relevant emails or text messages. Proper documentation often plays a role in resolving these types of disputes. Alternatively, it will be proof of wrongdoing if you cannot fix the problem without resorting to litigation.

Reason with the contractor

Try to alleviate the matter by speaking directly to the contractor. Clearly explain the problems you are experiencing and reference the legal agreement. Sometimes, contractors will correct their mistakes once they understand the concerns.

Request mediation or arbitration

Many conflicts can be repaired through arbitration or mediation. Both methods involve a neutral third party who helps settle the dispute. Mediation facilitates a mutual agreement, while arbitration involves a binding decision from an arbitrator. Each approach offers an attractive alternative to more litigious approaches.

Select another contractor

In the end, a new contractor might be necessary. Carefully vet potential hires to avoid repeating the same problems. Check references, reviews and credentials to ensure the company you pick has a solid reputation for reliability and quality.

By taking these actions, leaders in the construction field can effectively address a contractor’s transgressions. A conscientious approach to quality means the results will be superior.

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