Keeping good relations with your contractor is the key to the success of any business. Disputes with contractors can lead to unnecessary conflicts that take a lot of time and money to resolve. You should always avoid arguments with your contractor to ensure that no long-term damage happens to your company.
Some conflicts can even make you go to court. However, it is imperative to know about those conflicts and ways by which you can resolve them. Here are a few ways by which you can resolve disputes with your contractor:
1. Check Your Contract
The first step to avoiding conflicts with your contractor is to carefully review the contractor. If you do not have a formal agreement, you should review the emails or other correspondence that has taken place between you and your contractor. This correspondence will help you keep track of the discussion that has happened with your contractor. This correspondence is the equivalent of a binding agreement. You can get your contract reviewed by civil lawyers in Perth.
Remember the disputed issues while reviewing the formal agreement or the correspondences. Check the agreement from time to time to see if the contractor has breached it in any manner. Carefully read the words of the clause related to the obligations of the contractor regarding goods or services. Your contract should contain a dispute resolution clause. This clause will include a set of specific steps that are to be followed while resolving a dispute. If you have to go to court to resolve the conflict, you can show you followed the specific steps.
2. Communicate And Negotiate
It is easy to resolve a dispute by keeping the lines of communication open. This may result in negotiations regarding a settlement. Effective communication and negotiation can help in settling a dispute quickly without negatively impacting your business. Poor communication or a lack of it leads to lengthy and expensive legal proceedings. Negotiations must be approached in a calm and professional manner. Always remember that you might have to compromise in case of a negotiation.
Building dispute solicitors Perth will advise you to communicate your issues to your contractor. You should also specify what you believe that they have failed to do. Moreover, you can suggest your contractor some ways that you think will be better in dealing with an issue.
You should give your contract a chance to respond. Many disputes that people develop with their contractors can be solved by facilitating open communication.
You may involve a third party to resolve your dispute. A third party will help in mediating the conflict with the help of formal negotiations. Mediation is done by an independent person not involved in the debate. The role of a mediator is to help parties work through a particular dispute. A mediator observes the disagreement from the perspective of an outsider. The parties involved in a dispute can reach an agreement with the intervention of a mediator.
The agreement can be made in a written format which then becomes binding. The agreement needs to cover the terms of the resolution. An agreement has to be signed by both parties. Each party is required to keep a copy of the agreement. Mediation is a preferred method of many to solve a dispute. It is a very cost-effective way of resolving a dispute. Additionally, it reduces the need for going to court.
Arbitration is yet another form of dispute resolution. Arbitration is a more systematic method than mediation. However, it is cheaper than court proceedings. It is also a less formal method of resolving a conflict between you and your contractor. Arbitration takes place with the consent of both parties. The role of an independent arbitrator is to act as a judge to deliver an outcome. This outcome can be enforceable and binding on both parties. You can consult building and construction lawyers in Perth before going for arbitration.
The parties involved in a dispute can decide how to carry out the process of arbitration. This depends on the circumstance of the dispute. For example, the two parties can sit together and decide if there is any need for evidence. Therefore, the process of arbitration allows both parties to have a lot to say in it. Arbitration offers more freedom to the involved parties, which is unlikely in case of court proceedings.
5. Go To Court
Litigation or court proceedings should always be your last resort. In other words, go to a court only when you can’t settle a dispute using any other method. Court proceedings can be time-consuming and cost a lot of money. It is not confirmed that you will be victorious even if you have a strong case. You are permitted to represent yourself in court. But, it is best to hire a lawyer. There are many good civil lawyers Perth WA. A lawyer will be able to offer you guidance on how to present your position and evidence.
You will be at a disadvantage if the opposition has a lawyer and you don’t. If you are lucky, the judge will declare a verdict against the contractor. The judge may ask the contractor to cover your legal costs. But if you lose the case, you may have to pay the contractor’s legal fees. Hiring a lawyer increases your chance of winning the case. Therefore, if you are thinking about going to court, do not hesitate to take legal advice.
You can resolve your disputes with your contractor by maintaining open communication. You need to keep an open mind to resolve disputes quickly without taking a legal route. You can follow the methods discussed above to avoid legal steps. The methods discussed above will help you resolve the dispute before it escalates any further.
However, if your dispute seems difficult to resolve, you can set out on a legal path. It is highly recommended to hire a lawyer before you go to court. This will ensure that you are guided in the right direction in winning the case. It is likely that you may not be successful. But if your case is strong, you may emerge as triumphant.