Every business operator in the construction game dreams of smooth sailing business transactions, bound by neatly packaged, airtight contracts that clearly lay out the goals, timeframes, costs, codes of conduct, outcomes and benefits for all parties involved. Unfortunately, reality rarely deals such a desirable set of cards and winding up in a contractual dispute is not such a foreign concept. So, a contractor or supplier has crossed a line or failed to deliver – what do you do?
Executing Your Rights in a Contractual Dispute
Suing for a breach of contract?
When dealing with a well written contract it can be a fairly simple process to identify what both parties have agreed, what breach has been made and what action is required in pursuit of any violation. Other scenarios are not so clear cut, resulting in lengthy, messy and expensive disputes if you don’t have a savvy lawyer on board to resolve the situation before it escalates.
At RCR Construction we are committed to providing you with swift and efficient advice around your contractual dispute, to mitigating risks and losses and keeping you out of court if it can be avoided.
What You Need to Know
Here are a few important things you need to know about your rights in a contractual dispute to get you started:
Make sure you understand your contract
Building contracts can be complex documents and it can be difficult to understand you rights and responsibilities. If you have a contract in place, it is advised that you get it reviewed by a construction law expert to address any issues up front. If you have not entered into a contractual dispute, but fear things may not be going as planned, seek legal advice to understand your position before taking further action. If amendments are required, or you need to negotiate special requirements to suit your circumstances, we can help.
Thinking of terminating a contract? Do it right or face a costly and lengthy battle
If you are thinking of terminating a building contract there are certain steps that must be followed to avoid a difficult and expensive legal battle. Firstly, a notice will need to be drafted and served to the other party to give them reasonable opportunity to rectify the issues. If the other party fails to fix the problems, then a contract can be terminated. If the contract is terminated incorrectly, it can make matters more complicated down the track. If you’re thinking of terminating a contract, we suggest you contact a construction expert who’s on your side.
Not all contractual disputes need to result in a court battle
In fact, most disputes can be resolved without the need to go to court. Our construction lawyers can help you to negotiate with the other party and come to a solution that is in your favour. If the matter does need to go to court, you’ll need to prepare thoroughly for court proceedings with the help of a lawyer. Don’t take the risk of self-representation, especially if the other party has a lawyer on their side.