What are the Most Common Causes of Building Disputes?
While every dispute is different, there are some common themes we see, including:
Misunderstandings: Ambiguities in the contract terms, lack of detailed specifications or just poor communication between parties can all lead to different interpretations of what was agreed and which party was responsible for what. All too often, we see high-value work, like extensions or alterations, being agreed to without basics like clear drawings or specifications, or even just based on an estimate. This almost always ends up in a dispute.
Contract Variations: If there’s a change to the scope of the work during the project, we’ll often see disputes around costs and timescales later on.
Delays: Unforeseen circumstances, like weather conditions, material or labour availability, can cause delays to a project. While understandable, the delays can sometimes lead to conflicts over liability for overrunning projects.
Quality and Defects: If one party accuses another of substandard work or failure to meet specified requirements, then disputes are almost a guarantee. This is one of the main reasons for disputes, and in our experience, it can happen for a lot of different reasons.
Payment Issues: Disagreements over invoices, payment schedules or withheld payments can very easily escalate into disputes.
Termination or Breach of Contract: Finally, claims of improper termination or failure to fulfil contractual obligations are a common source of disputes, and these can even lead to litigation.
How Can Disputes be Resolved?
When two or more parties have found themselves in a dispute, it can be difficult for them to see a way out of it. But these things can be resolved, though the approach will vary depending on the nature and complexity of the disagreement. A few common approaches include:
Negotiation: Where all parties involved have direct discussions and aim to reach a mutually agreeable solution. This is the most informal method, and can save a lot of time and resources.
Mediation: Here, an independent mediator facilitates communication between the parties, helping them to arrive at a voluntary resolution.
Adjudication: This is a much quicker form of dispute resolution than litigation, and it’s quite common in construction contracts. In this arrangement, an adjudicator provides a temporary binding decision that parties can challenge later through litigation or arbitration.
Arbitration: A private and formal process where an arbitrator makes a binding decision based on evidence and arguments presented by all involved parties.
Litigation: The last resort for al disputes. Litigation involves court proceedings and a judgement by a judge. This route is often expensive and time-consuming, but with particularly complex disputes it may be necessary.
How Can Surveyors Help as Expert Witnesses?
No matter which type of dispute you find yourself in, expert witnesses play a critical role in helping resolve building contract disputes. Especially when the issue is rooted in technical matters. An expert witness is a professional with expertise in areas like construction, engineering, quantity surveying or architecture, and their main focus is to provide impartial, informed opinions to help a court or tribunal understand the issue.
We will normally evaluate all of the evidence related to the dispute, including things like construction quality, compliance with contractual specifications and the cause of any delays or defects. Then we present our findings in a written report. If there are multiple experts with differing opinions, we may need to meet to narrow down the areas of dispute. It’s important that our opinions are based on our expertise. This usually means we’re called on to determine whether work done meets industry standards, or to identify who is responsible for a defect. During arbitration or litigation, expert witnesses might testify to explain technical matters and support their conclusions.
What Qualities do you Need to be an Expert Witness?
A good expert witness has to be able to demonstrate three key qualities.
• Credibility: Their qualifications, experience and impartiality all establish their reliability.
• Clarity: They need to articulate complex issues in a way that non-experts can understand.
• Objectivity: They must remain unbiased, and base their opinions solely on evidence and facts. This is one of the reasons we can’t take on work on a success-based fee agreement. Because our duty is to the court or the tribunal, not the person paying our fees.
Why are Experts Important?
When a dispute comes up, expert witnesses are often critical in resolving them. The insights they give can clarify technical issues and support the decision-making process. We can provide clarity on whether contractual obligations have been met, assess financial implications of delays or defects, and identify potential solutions that could minimize future conflicts.
The sheer number of building contract disputes, alongside the role of expert witnesses like ourselves just highlights how important it is to have clear contracts, communicate clearly and adhere to industry standards. By taking steps to resolve disputes, we can prevent prolonged conflicts, and make sure the project is a success. If you need help with a contract dispute, or need an expert witness surveyor for your case, you can contact our friendly team on 02381 550051.
For more expert advice on surveying and property matters, check out our range of informative videos on our website or YouTube channel. Harrison Clarke Chartered Surveyors is here to guide you every step of the way!
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