Avoiding Court in a Construction Dispute

construction-mediation-handshakeConstruction disputes can be costly and time consuming problems. They are often unforeseen, but not entirely unplanned for. Good construction crews have some kind of backup plan, such as a thorough construction claim analysis team for expert record keeping, but inexperienced crews can suffer. This guide will help you avoid court in a construction dispute.

Settling the Claim

Claims are fairly common, and resolving them should be a simple matter if you have good construction claim preparation. Make note of all the proper paperwork pertaining to the dispute, such as material orders or requests for information, and make sure everything is properly dated. If you don’t have these kinds of policies in place, put them into action now to save yourself a future headache.

You may also require some short term management, especially if the claim is related to a work stoppage due to a personnel change. Make sure you document your side, and that you seek help from an independent organization if you don’t have the resources to properly source and file the claim.


Construction mediation is another option for settling claims, and is often the last resort before going to court over a dispute. Mediation allows both parties to air their grievances and discuss their side of the story with an impartial third party. The mediator has an understanding of construction law, but not the case itself. Hearing the case for the first time frees their decision of bias, allowing both parties to prove their case on neutral ground.

These decisions are binding, but they are often amicable. Don’t expect something one-sided from mediation. Mediators tend to find resolutions that accommodate everyone involved.

Lyle Charles Consulting offers a strong management solution for interim and short term commercial and residential construction projects.