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Dealing with Conflict During Home Construction
by
Shawn Pace
July, 05, 2017
in
Working with Contractors
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this article has been read 133 times
The building process is often stressful, and even in the best situations conflicts arise. How you deal with the inevitable conflicts makes the difference between whether the project stays on track or causes the contractor to abandon the job. Start out by hiring a reputable company and checking their references. Ask those references if there were issues during construction. If there are any red flags, look into another firm.
Check Your Contract and Your Drawings and Specs
Before getting upset about a contractor’s actions, read your contract. Some common bones of contention, such as scheduling and payment dates, are addressed there in the fine print. On the other hand, if the contractor is doing something they aren’t supposed to, you can point to an apparent violation of the agreement. If there are changes to the project, make sure they are put down in writing and you and the contractor signs them.
Perusing your drawings and project specifications carefully is also essential. The latter is especially boring, but every piece of information is important. You don’t want to give a contractor a hard time about why something is being done to have an obvious fact pointed out to you on the specs.
Conflict Causes
Conflict typically arises from lack of communication or misunderstandings. Speaking with your contractor on a regular basis, or emailing or texting, keeps you up to speed. If anything isn’t clear, ask questions. If you can’t visit the site, ask the contractor to give you video updates when particular areas of construction begin. Tech makes it harder for contractors to mislead clients.
Some sources of conflict are more easily resolved than others. For example, if neighbors are complaining about issues regarding the construction site – noise, run-off and similar disturbances – these problems need prompt addressing. Other problems may prove harder to rectify, but identify the root cause.
Stay Respectful
Whenever conflicts arise make sure you are respectful of all parties involved. That means no threats, cursing or making unfounded accusations. That behavior, on either side, can result in a minor dispute turning into a huge blowup. A conflict with a contractor can quickly go south, so it is important to remain calm and patient. Take some deep breaths or a short walk if you think your temper will flare. You do not want a contractor to interpret what you say the wrong way and walk off the project. In general, contractors will work with you on any challenge as long as they do not lose trust in you.
Formal Remedies
If the problem is such that you and the contractor can’t resolve it and the dispute is spiraling out of control, it’s time to call in third parties. Don’t start with lawyers – that’s the expensive, worst-case scenario. Instead, check to see if contracting licensing agencies in your state offer dispute resolution. Mediation and arbitration are other avenues to explore. These processes cost more than dealing with state agencies but the fees are split between you and the contractor.
If the conflict involves money and the amount is under $5,000, you can take it to small claims court. If you’ve ever watched “Judge Judy” or similar shows, you’re familiar with the procedure. While you can represent yourself in small claims court, for serious issues you must resort to litigation. Legal fees pile up quickly, but that’s also true for the contractor you’re suing. It’s crucial to exhaust every other option before getting attorneys involved.