Need Advise: Contractor Dispute Resolution.

Asked by Lan, 03063 Tue Nov 3, 2009

We find ourselves in a situation where there are numerous deficiencies in a home improvement project. The GC is refusing to address these issueswithout further payment. Any further payment would mean we have paid 100% of the total project costs, leaving us no leverage to ensure the work is done and completed to a quality standard. We have lost confidence at this point with the GC and would prefer to terminate our dealings.

What is the best way to resolve a dispute?

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Steven Reddy’s answer
Steven Reddy, , Concord, NH
Wed Nov 4, 2009
Hi Lan

Sorry to hear that, situatons like this are frustrating for you the client and for the contractor. Many contracts have a binding arbitration clause that requires you arbitrate any disputes instead of the more expensive and lengthy court proceedings. I would check your contract for that and if it is there, that is a good avenue to go as each side presents it case in front of a neutral third party. If it is not in the contract than you can suggest it. There is also the less formal mediation process which is a good route if you think the relationship can be salvaged with some outside input.
1 vote
Ken Lambert, , Exeter, NH
Mon Nov 9, 2009
Hello Lan- You might need to hire an outside person/ consultant who knows the field and knows contract language, and see if there is something clearcut that is a means for you to win handily in any arbitration or suit. If the GC knows he is in the wrong and you have proof, he might just do what you want him to do to save a little face and avoid court proceedings, etc.
If you need help or advice, please let me know. Thanks,

Ken L.
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