Handling a construction dispute
under a construction contract
 Most building contractors are reputable people and want to do the job properly. They will usually work hard to resolve a
construction dispute, as it’s good for you, them and their business for this to happen.
However, as you are aware, it’s not a perfect world. Things can and do go wrong with even the best-laid plans. When things aren’t going right
with the way the work under the construction contract is progressing, the situation requires a little common sense.
If it’s not handled properly, a simple construction contract dispute can escalate into the building contractor walking
off the job or worse. If you have a construction dispute you have to proceed smartly and also be fair. Start with the building contractor himself
if you’re not happy and make your concerns known by raising the issues in a clear but decent manner.
Generally, you'll find that your building contractor will do everything possible to make you happy. Keeping your concerns to yourself and not
saying what’s on your mind doesn’t allow the building contractor to fix the problem.
If you’re unable to resolve the construction dispute issue with your contractor, then enlisting the help from another
professional familiar with the job may be possible. The architect who drew up the plans for the addition, for example, may be able to step in and
resolve the construction dispute issue.
However, if this doesn't work, there are a series of steps you can take to resolve a problem with a contractor. They include:
You could outline the contractual obligations you feel haven't been met in a letter. Gather all the documents relating to your project, including
construction contracts, change orders and cancelled checks.Take photographs of the problem and notify the building contractor that this has been
done. Give a reasonable timeline for bringing the items into compliance and send the letter out certified to the building contractor.
Filing a construction contract dispute complaint
about the building contractor
If this doesn’t work, then contact the Better Business Bureau and file a complaint. The bureau will let the contractor know this
has been done and it might light a fire with the contractor. Few reputable contractors want a bad report with the bureau so often times they will
act at this point.
You can report the building contractor to the county or State Licensing Board. This is bad news for a contractor and they will want to avoid this
since these boards can sometimes even fine the building contractor or take away his or her license if he or she isn't functioning in accordance
with law.
Perhaps you could seek mediation services through the licensing board or even the Better Business Bureau. By bringing both parties to the table,
the mediator might be able to broker an agreement that makes all parties happy and results in your job being completed the way you want it
done.
Bring the issue to court if all else fails. If you signed a construction contract and that work hasn't been completed
correctly and now the bills are coming in, you may find you have no other choice but do this. Save this option for the absolute last and remember
most good building contractors will want to meet you half way long before it gets to this point. Sometimes a simple misunderstanding is to blame
and no matter whose fault it is, it's a good idea to try and resolve matters peacefully among yourselves before getting to this point.
Unfortunately, bad building contractors do exist. By having a written construction contract and scope of work in hand before work commences, you
can protect yourself if you find out you've hired one of these. Work should be completed in accordance with a construction
contract and should be done to specs before a building contractor considers a job done and billable.
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