No matter how well you know someone, there will usually be areas in which you…
By Hiral Atha
Construction disputes can occur in Kansas or any other state in the country. When they do occur, it isn’t necessarily because a party has breached the terms of the contract. In some cases, a breach of contract claim can arise because a person or entity involved with a construction deal didn’t understand the terms. Contractors should take steps prior to executing a contract to ensure that the terms are as clear as possible.
If a dispute does arise, the first step is to negotiate in an effort to resolve it in an amicable manner. Ideally, a negotiation clause or similar clause will be included in an agreement. However, if negotiation doesn’t work, there are other steps that could be taken to resolve a matter. For instance, the parties to the deal could choose to go before an arbiter. Whatever ruling this person comes to is generally binding as opposed to mediation or adjudication.
In the event that negotiation doesn’t work and arbitration isn’t a desirable course of action, litigation could be used to resolve a dispute. As it is generally the slowest and costliest way to settle a matter, it is generally the last step in the dispute resolution process. Like with arbitration, a judge’s ruling is legally binding, but that ruling can be appealed.
Generally speaking, business contracts can be changed or modified as the parties to them see fit. Therefore, even if a party violates the letter of the deal, it could be possible to resolve the matter in a timely and civil manner. However, if a party feels that a material breach has occurred, it may be possible to take legal action to recover financial compensation and other relief. An attorney may represent a company either in private settlement talks or in litigation.