Public construction disputes are often tricky cases and the lawyers handling the case are expected to pay keen attention to every minute detail and pursue patience throughout the case. It is also advised that the lawyer must usually look for a two-front dispute resolution process. Now, this resolution process covers the expansive regulatory framework which plays an essential part in easy resolution and understanding.
A popular construction lawyer explains that the contractors who are actively engaged in public work should be aware of all the important aspects of the contract and the regulatory framework that comes along with it. One should be aware of the impact in case of a typical construction dispute. Let us further discuss the five important aspects and issues that a lawyer handling the public construction dispute face.
Issue 1: using inconsistent terms in contracts
There is a whole bunch of length specifications as part of the terms of a contract. A contractor and the lawyers are also expected to know the very important Christian doctrine. The public contractors are also expected to make sure that their contracts are updated, so they are reflected in WisDOT annual changes. This makes sure that there remains near to no difference between the general contract and the WisDOT agreement. If at any point in time there arises a conflict at a construction site then all the details already mentioned can be looked upon and verified. There are a bunch of other forms as well namely AIA, and AGC which will enhance the credibility of the terms and conditions already been agreed upon. They might in this case also include the mechanism for dispute resolution.
Issue 2: public owner practice and incentives
When a contractor is looking to pursue a dispute resolution, a very important of those aspect one must remember is that the government owners and the representatives are often moved and motivated by several types of incentives, unlike the private owner. When we particularly talk about private projects, time is everything. And though public servants might also claim that they are dedicated and destined towards their duties in the public interest, they still do not face the same kind of time-cost pressure that the private sector people have to go through. It is often said that out of the two, public representatives are more likely to explain the issues with negotiation and litigation and the possible delays around the same.
Issue 3: impact on insurance coverage triggers
If we talk about who has the leverage in forcing and insisting on work or rework, it will more likely be a government owner instead of a public owner. The majority of work that these contractors receive is mostly attained by the same government owners who hold the power the even suspend these same contractors. This is the reason the contractors are more concentrated and liable for the work they do. The contractor also needs to be very aware of insurance coverage policies as one carelessness and they might be forced into a compulsion to redo all the work without any cover.
Issue 4: design professional status
With government owners being involved in many different megaprojects, they continue working with the same contractor and the design professional. This creates a line of trust but also enhances the chances of imposing issues with super ease. In such a case, contractors are often considered more vulnerable to the design professional as the latter often remain a more trusted ally in eyes of a government professional. This inclination results in the blame game being forwarded toward the contractor. If the issue in a few cases is vast then the designer and the contractor might turn up against each other.
Issue 5: dispute resolution process differences and sovereign immunity
According to the specification provided by the WisDOT, if a contractor looks for a change in order, one might have to go through a pretty complex and tiring process. the initial process might include an oral notification about the same, Followed by a five-day contractor written notification and finally a five-day region response along to conclude finally a decision about it.
We at Mechanics Lien have a team of one of the best construction lawyers who possess the relevant experience and ability to deal with these complex issues with super ease.
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