When it goes wrong.
WHAT DISPUTES TYPICALLY CONCERN
Quality of work Variations and their price Delay and who caused it Payment Defects after completion
WHAT DETERMINES THE OUTCOME
Records.
WHY
Recollection differs and documents do not.
WHAT TO MAINTAIN THROUGHOUT
The contract and all drawings Written instructions Variation approvals Dated progress photographs
Site records: who, what, weather
Correspondence Payment applications and receipts
WHAT TO DO WHEN A DISPUTE ARISES
Establish the facts from the records Identify what is actually in dispute Separate what you accept from what you do not
WHY SEPARATE
Conceding what is clearly right narrows the disagreement.
WHAT TO DO FIRST
Attempt resolution directly.
WHY
Formal processes are slow and expensive relative to most construction sums.
WHAT TO PROPOSE
A specific resolution.
WHAT TO AVOID
Stopping work in response Removing installed materials Escalating in writing with accusations
WHY STOPPING WORK IS DANGEROUS
Without following the contract's provisions, it becomes your breach.
WHAT TO DO ABOUT DEFECTS ALLEGED AFTER COMPLETION
Inspect them, promptly.
WHY PROMPTLY
Attending immediately resolves most, and it preserves the relationship.
WHAT TO DISTINGUISH
Defects from wear, misuse and matters outside your scope.
WHAT TO TAKE ADVICE ON
Anything substantial.
