Even if every detail is carefully planned, things can go wrong during construction. Obstacles are common in this industry, and there is rarely any time for a lengthy legal dispute. From delayed payments to contract breaches, defending yourself and your employees or subcontractors from unlawful practices is essential.
The construction industry in Missouri is expected to keep growing this year. Contractors are worried about rising labor costs, expenses, and worker shortages. Spending time or money on legal issues may be the last thing you want to do. Sometimes, it is the best way to defend your rights.
If you are considering legal action, the first thing you should do is review your contract. There could be a clause that protects you from conflicts. An attorney can help you identify the necessary information and decide the best course of action for your case.
Mediation, arbitration, or litigation?
Only some cases need to be taken to court. According to the context of the conflict, you can save time and money by taking another course of action. Mediation can be a tool for contractors. A neutral third party oversees the process while the two conflicted parties negotiate a settlement. This strategy can help you find a fair solution without spending many resources.
If mediation is not for you, there is another method you can try before litigation. Arbitration is a private version of a trial where you can defend your rights without the hassle of the court. A professional arbitrator will coordinate the process and make final decisions. This resource can be excellent for more complex cases.
And last but not least, there is litigation. It involves lengthy processes and fees that many want to avoid. Still, you may prefer litigation if a big business or investment is on the line. If so, it would be best to partner with a legal advisor who understands the law and can help answer your questions and guide you through any inherent complexity.
There is no recipe for solving legal conflicts. Each situation has unique needs and requires a different path of action. Your contract may even have a clause requiring mediation before going to court. That is why it is essential to understand the working conditions and responsibilities of everyone involved in the dispute.