Most of the time construction projects in the UAE end in lengthy and undesirable disputes between the business owner and the contracting party or between the contractor and subcontractors.
As construction is a risky venture, it is likely to suffer variations, uncertain conditions and alterations in the project timelines.
Whether these changes are due to client’s or owner’s fault, or due to uncertain weather conditions upon which the contractor had no check, disputes are likely to arise.
And, if the dispute is not adequately resolved, depending upon the terms of the contract, the contractor reserves the right to claim for extension in the project’s timeline and the revision in the allocated budget.
And often these schedule and budget extension claims are refuted by other stakeholders either for not being legitimate or because they are not per the terms of the contract.
While these claims cost both parties in the long run and they can end up ruining the whole project. Here, we cannot ignore the role of quantum expert in the early and effective construction dispute resolution.
Few essential strategies are enlisted as part of your construction contract to employ if the dispute arises:
Negotiation is the peaceful way of resolving the conflict between the contracting parties. And in doing so, these stakeholders try to reach a satisfactory resolution among them before going for other means.
Mediation involves the inclusion of a neutral mediator in the construction dispute resolution process. This third party will facilitate the process of reaching a satisfactory conclusion.
Thus, it serves as a better way to control the situation which otherwise could ruin your entire project.
3. Involving Experts In The Process
Another approach to dispute resolution is to involve qualified quantum expert to resolve disputes of a complex nature. Expert determination of the resolution process is essential as sometimes arguments are complicated and therefore requires a specialist’s opinion on the issue.
Although this determination cannot be legally enforced on to other parties if the parties mutually agree upon such mode of conflict resolution, it can save them from time-taking litigations.
Adjudication is like that of mediation, but unlike conciliation here the adjudicator gives a decision rather than facilitating the negotiation between the conflicting parties.
Adjudication clauses in the contract may include taking the court’s assistance to legally enforce the adjudicator’s decision if the decision fails to resolve the dispute itself.
And finally, the litigation comes. It is usually also included in the dispute clause. And in case the parties do not find the effective resolution of their dispute, they can go for legal action.
It includes a trial, and the decision of this trial is legally enforcing upon the contracting parties. As litigation is by far the most complex, costly and slow method of construction dispute resolution, therefore, it is considered as the last resort by the parties to the conflict.
Construction projects in the United Arab Emirate in particular and the world in general due to their uncertain nature see frequent delays and disruptions.
This leads to the conflicts among the stakeholders. Every construction contract enlists the dispute resolution ways in the form of clauses, and the conflicting parties need to follow them accordingly in case the conflict arises.
Moreover, you can also hire professional quantum expert to give you technical advice on effective management of your conflicts.
Construction projects are incredibly complicated because it requires professional expertise and understanding of financial matters. The involved parties are often reluctant to have their case on quantum when it leads to a legal hearing.
However, the importance of acquiring professional experts can never be under-estimated in the context of construction disputes. It is because when evidence must support your stance during the process of resolution. Further, the courts increasingly turn to the experts’ liability while dispute analysis is presented.
So, it means that in all cases, it is substantial to get the right expert who can add value to your stance based on the evidence. It is because only after an expert’s analysis, the fact can be determined that which party owed the right to compensation. Therefore, the case must be resolved through a professionally sound quantum expert.
Let’s consider the factors in more detail:
The Associated Risks
It is imperative to understand that event at the point when the defendant consents the battlefield by considering the liability; the claimant is near to the victory. The potential risks are:
Get Your Quantum Expert into the Matter
While the matter is in the court, the things can be slow but systemized. So, after considering other things, the court can order you to provide your evidence. It is the right time to bring your expertise into the hot-tub.
The quantum witnesses are usually trained to deal such a situation wisely. So, it is a chance that the judge dismisses the opponent stance altogether. Therefore, it might be a win-win situation for you.
However, you must not disobey the rules and regulations imposed by the law. The things must be kept transparent and based on truth. Any misconduct can oblige you to face severe punishments.
However, the construction disputes can be resolved in other ways too. You may ask for specific disclosure or request to make a joint statement.
So, if you are asking for a joint statement, consider the following:
So, if the court orders you to hold a quantum analysis, you should not hesitate to accomplish the order. It is because; things can be made accessible to be resolved peacefully when proper arguments are built using evidence.
To sum up, construction matters are complex especially the disputes. The value of a professional lawyer cannot be denied in resolving issues in the best interest of the complainant. Therefore, don’t forget to seek the services of an experienced advocate along with hiring the best quantum expert near you!