Construction projects don’t always go as planned. From unexpected site challenges to disagreements over terms, there are many ways a construction project can get off track. Resolving Indiana construction disputes without an attorney can put your project—and business—at further risk. The attorneys at Camden & Meridew, P.C. are well-versed in Indiana construction law and can help you resolve your dispute through negotiation or litigation.
What You Need to Know about Resolving Indiana Construction Disputes
No two construction projects are the same, so no two disputes will be exactly the same. Resolving Indiana construction disputes is dependent on a number of factors including the type of dispute, the type of contract in place, and the type of construction site involved.
Types of Construction Disputes
A construction dispute can arise any time two parties disagree on terms, timelines, or another aspect of the project. Construction disputes often involve disagreements over issues like these:
- Change in date of completion;
- Change in design;
- Material quality;
- Material costs;
- How to resolve unexpected challenges; and
- Failure to pay.
Many construction disputes start with disagreements about the specifics of the individual project. However, disputes can also begin when the project is not meeting the building standards of the state or city. The start of a construction dispute can happen on either side of a project. In some cases, the hiring party will make changes along the way or fail to fund construction milestones. In other cases, the construction company may be accused of failing to meet deadlines or achieve the quality of work expected. Whether you are working with a party who is failing to hold up their end of the agreement or you are accused of negligence or wrongdoing, an attorney can help you resolve construction disputes in Indiana.
Resolving Indiana Construction Disputes Out of Court
The Indiana Rules of Trial Procedure set forth several recognized alternative dispute resolution methods that apply to a variety of disputes, including construction disputes. Negotiation is generally the first step in resolving a dispute. When two parties can negotiate a solution that works for everyone, it is generally the quickest and least costly way to resolve the dispute and move on with the project.
When simple negotiations aren’t possible or successful, the parties may still be able to resolve disagreements through mediation. A mediator can help parties identify the most important issues and move toward a resolution without having to go to court.
Arbitration is another way to resolve disputes without having to go through litigation. In some cases, arbitration is mandated in contractual agreements. Arbitration is generally more expensive than mediation, and the final decision can be binding.
While it is typically preferable to resolve construction disputes in Indiana out of court, it isn’t always possible. Sometimes disputes must be resolved in court where all the facts are heard by a judge or jury. This is generally the slowest and most expensive route to resolve construction disputes; however, in some cases, litigation gives you the best chance of achieving the desired outcome.
An Attorney Can Help You Resolve Construction Disputes in Indiana
Whether it is a small home remodel or a large commercial operation, there is a lot on the line with any construction project. When construction disputes arise, the best first step is to secure legal representation. A skilled attorney with knowledge of Indiana construction law can help ensure that you understand your legal rights and responsibilities through all steps of the dispute resolution process and litigation, if it is required.
Attempting to resolve a construction dispute on your own can end up costing you more time and money in the long run. Attorneys are skilled in negotiating and can give you the best chance of resolving your dispute favorably. If you are confronted with a construction delay dispute in Indiana, or any other type of construction dispute, the attorneys at Camden & Meridew, P.C. can help you navigate the resolution process from start to finish. For help in resolving Indiana construction disputes, call 317-770-0000 or fill out this online contact form to schedule a consultation.