Sunday, September 16, 2012

How To Solve Delays And Dispute Between Construction Company And Client in Construction Projects

"If you think that construction is a complicated process, then, construction MD activity is more complex than what you know! It is not a flimsy design, renovate, and construct process because this activity requires in-depth research and planning. There should be hodgepodge of dexterity and intelligence when it comes to planning and continuing a large scale of home construction Maryland and home remodeling Maryland projects. The industry also entails multi-tasking. Personnel who worked with the construction project are essential in the field. These people collaborate and work together to maximize your construction Maryland needs.

Also, complexity in the construction and remodeling MD projects is far more complicated when it involves a disagreement between a contractor and a client. One of the most unsolved dispute is the delay of projects. It has been said that "time is money" in any construction project. Failure to meet the time set for completion date causes dispute to both parties.

Maryland Courts set imperatives on delays in construction. Enclosed to the rule is the liability of the owner to the contractor if the delay is caused by the owner's decision to "change the design of a project or refusal to make decisions in timely manner." Meanwhile, exception to the clause are the delays due to intentional wrongdoing or gross negligence by the contractor. Delay in the completion of project also depends on acceptable reasons. They are divided into two which is inexcusable and excusable days.

Inexcusable days are said to be the contractors fault. These are defective work, failure to coordinate sub contractors, late material and defective machinery. However, excusable delays are unexpected conditions that the contractors failed to comply. These delays happen when there are "delayed access to project site and late approval of project plan by the contractor." Bad weather conditions can cause delays like floods, earthquake or storm. If these excusable delays happen, the owner should give extensions to finish the project.

However, if the delay is caused by both parties, the law states that it is not possible to clearly determine the time and expense attributable to either party.

If your project is delayed, you should re-examine and follow all the provisions of the contract documents regarding delays. If you wish to recover extra costs and not pay for liquidated damages, inform the owner as soon delay is surmised. Show necessary records and the causes of delay to the owner to avoid penalties.

The Maryland Court has identified the major reason on why construction projects blast into expensive lawsuits. This is merely because of failure to pay attention and resolving problems during the course of job. Ignoring these problems just result to idleness and frustration by both sides, with each party convinced that it is being mistreated by others. For both parties, good communication and transparency are extremely important. Both need to identify the problems, promptly investigate and resolve them in diplomatic manner. Observance of the contractual agreements and needs of both parties wont heat up the turmoil and will solve the dispute easily."

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