In the construction industry, disputes, conflicts, and delays are very common. No matter how comprehensive the original contract is, and how considerate and detailed its terms are, you cannot possibly avoid the delays and claims in most projects.
Thus, you need the help of consultants like a quantum and a delayexpert for the successful completion of every construction project. When the avoidance is improbable, you need to be prepared for your next line of action in case of any unwanted circumstance as a business owner or a project manager.
These professionals save you from getting in the depth of the intricacies of the laws and regulations. They have a vastknowledge and experience of the occurrences of most construction sites. They also have sound knowledge of laws and an understanding of contractual terms that all parties of your project have signed.
This article aims to introduce you to the key points which highlight the importance of litigation support for your construction project.
Four reasons litigation support is important for construction projects
Litigation is a process of engaging in a legal contest in a court. Litigation support means facilitation that indigenous laws and the constitution offer related to any industry. Since disputes are a very common occurrence in the construction industry, matters reach courts more often than not. Thus litigation system is a blessing in disguise for construction project owners.
Litigation support offers the following benefits in construction dispute resolution:
1. High-Quality decision making
When there’s a set of well-defined laws, and all laws are equally applicable to all parties which have signed the contract, you can expect objective decision making. Since the laws are applicable to all parties, the decision will be respected by all parties.
The people responsible for decision making are judicial members of the native courts. Thus the disputes arising in your project are solved with a highly objective strategy and from a well-informed place.
2. Powers of sanctions over parties
Ordinarily, the dispute resolution occurs with the tribunal formed with the consent of all signatory parties. The same isn’t the case in every construction project. When the tribunal doesn’t succeed in solving a dispute, only then does a dispute reach courts.
The courts reserve the right to penalize the party at fault after keeping the contractual terms as well as the local laws in view. These sanctions and penalties are respected by all the parties.
3. Rights of appeal
Sometimes the tribunal makes a decision that a certain party doesn’t consent to. In such a scenario, the aggrieved party deserves the right to seek the courts. The party can appeal to the court to review whether the decision has been fair.
It is only due to the existence of local laws that the party which feels wronged can still find hope instead of facing chaos and continuing with the contract.
4. Protect a party’s rights
The court cases take time to resolvedisputes presented to them. While a tribunal has very limited authority, you can rely on courts to protect the rights of any party seeking justice during the litigation process.
Litigation support is thus a key benchmark that ensures the security of rights of any party seeking justice from the local courts in case of a dispute while a construction project is going on.
Looking forward to beginning a construction project?
Whenever you begin your much-awaited construction project, do not forget to hire professional consultants. Keep a good company in the loop for reliable services of quantum and a Delay Expert so as to ensure timely resolution of disputes and conflicts.
These experts will help your project avoid critical delays. They will also pave the way for easy resolution of interparty conflicts and disputes. They will help you present an objective picture of the matters in front of the tribunal as well as in courts.
Litigation support is essential for running a construction project in any country. The laws are meant to protect the masses in general as well as from the perspective of construction disputes. These will help you ensure that none of the signatories of your project’s contract feels aggrieved and that the project completes according to the original contractual terms.
