Construction projects can be complex and involve numerous parties, such as developers, contractors, architects, and engineers, leading to the possibility of disputes arising. In fact, These disputes can result in significant delays, added costs, and even litigation. In such situations, it is essential indeed to have a knowledgeable and experienced construction law attorney to protect your rights and interests. Advocate Saravvanan Rajendran Law Chamber is one such legal firm that specializes in construction law disputes. as a matter of fact, This article aims to provide guidance on how to find the right lawyer to handle construction law disputes and how Advocate Saravvanan Rajendran Law Chamber can assist you in such matters.
Advocates for Construction Law disputes
The construction industry is always hustling with Disputes and litigation not only in Chennai but also all over India. Mainly, Construction companies suffer from such litigation and seek professional lawyers’ help. In fact, Litigation has a huge impact on their costs and completion of projects. Civil advocates practicing Construction law can help real estate companies as well as property buyers in various situations in India.
Regulations Governing a construction Industry in India
- Building & Other Construction Workers Act
- Fatal Accidents Act
- Building & Other Construction Workers’ Central Rules
- Factories Act
- Building & Other Construction Workers Welfare Cess Act
- Workmen’s Compensation Act
- Employees State Insurance Act
- Central Labor Act
- National Building Code of India
Firstly, Construction Law disputes will be about the technical glitches or problems of a project. These disputes may lead to a multitude of problems when not resolved for a long time. Of course, It may lead to cash flow issues, time and cost overrun.
Common Errors in Construction
- Errors in contract documents
- Unfavourable site conditions
- Failure to follow the contractual obligation
- Biased project manager
- Deficiency in engineering design
- Methods of dispute resolution for construction law disputes
Firstly, Every construction contract has a dispute resolution clause. It specifies that in case of disputes, we can use 3 forms of dispute resolution techniques. Moreover, They are negotiation, Non-adjudicatory third-party intervention, and adjudicatory dispute resolution.
Negotiation
It is the most popular mode of dispute resolution. Moreover, Negotiation reflects in all the standard arbitration clauses. It is the step before arbitration. By the way, Any dispute to qualify for arbitration or litigation should undergo negotiation. Negotiation ensures to prevent of petty issues from getting escalated up to litigation.
Non-adjudicatory third-party intervention
Under construction dispute resolution neutral third party intervenes to resolve disputes between parties. The third party may be a mediator or conciliator.
In the mediation process, the mediator supports negotiation. He does not recommend anything. In the conciliation process, the conciliator offers recommendations and advice. When parties agree to reconcile under conciliation, a signed settlement agreement gets drawn. It is a final binding agreement. In India, there is a thin line between mediation and conciliation.
Adjudicatory dispute resolution
It is a top method of dispute resolution in India. Many construction companies adopt Adjudicatory dispute resolution methods for quick resolution.
ADR mechanisms
- Arbitration
- Dispute Boards
- Expert Determination
- Litigation
Arbitration
Arbitration is cheaper than litigation. By all means, It ensures the confidentiality of the case. It is both cost and time-effective for both parties in dispute. In arbitration, you have more flexibility and control to resolve disputes. Moreover, The parties have a choice of the tribunal. The parties can choose tribunals who have technical construction and contract knowledge.
The arbitration process should get completed within 12 months of the tribunal appointment. It can get an extension for further 6 months with the parties’ consent.
If you still need an extension then the High Court can grant you permission. Meanwhile, It is very helpful to the construction companies as their project will not get stopped for a long time. Here the unsuccessful party has to pay costs to the successful party.
This will prevent false claims. Civil lawyers who are experts in property dispute resolution will help you overcome all issues.
If unsatisfied with the tribunal award, you can challenge the same in court within 1 year. Here the unsuccessful party has to bear the cost. It has a positive effect on construction companies.
An arbitrary award is as good as a court decree. It is binding and final on both parties.
Litigation
In case if your dispute is still not resolved then litigation is the final step. It is no longer unattractive due to recent amendments in law. Commercial court have to decree judgment within 90 days from argument completion.
Advocate Saravvanan Rajendran Law Associates lawyers will guide you through litigation to make sure of success. Real estate Law attorneys support your right from filing a civil suit and strive up getting a favourable judgment.
Dispute Boards
A dispute board gets formed when a project begins or when a dispute arises. The members of the dispute board get appointed with both parties’ agreement. The dispute board conducts periodical assessments to assess the progress of work.
The main aim of the dispute board is quick-to-dispute resolution and dispute prevention. In fact, The board’s decision is binding and subject to the agreement. The board’s decision is challengeable through arbitration or litigation. Meanwhile, The employees or directors of one party cannot sit on the dispute board as arbitrators.
Expert Determination
When disputes about variation or extra work, expert determination is a good choice. Here technical expert/s handle the disputes. They give quick and binding decisions subject to the agreement of the parties.
This decision is unsatisfactory and is challengeable at arbitration or litigation. Expert determination prevents delay in resolution. In addition, It is suitable for projects that cannot accommodate delays and cash crunch.
Other Legal Information:
- Construction Accident Cases
- Business disputes
- Trademark Registration Services in Chennai
- Trademark Registration Fees in Chennai
- Property litigation services
- Arbitration Advocates in Chennai for Dispute Settlement
- Business Litigation: How to find the Best Law Firm?
Top Lawyers for Construction Law Disputes in Chennai
Construction lawyers have enormous experience is handling construction disputes. Civil attorneys usually recommend the resolution in the following order.
Prevention, negotiation, conciliation, and adjudication method of dispute resolution. Finally, The dispute resolution clause should be in line with project requirements. It should also meet the parties’ expectations. In Conclusion, Senior Advocates will advise on cost-effective and comprehensive dispute resolution.
At the outset, construction contracts should avoid possible disputes. In case of disputes, it should adopt a speedy dispute resolution mechanism.
