Are you bricklayer looking to start up a business? Perhaps you already have your own bricklaying business that you’re looking to grow. Either way, it is important that you begin to consider how you would resolve a dispute between you and your contractor. Contractors can be very difficult to deal with because their business interests do not always align with yours. As a result, there can often be instances of miscommunication or downright disagreement when it comes to the way things should be done. Certainly there is an art to the way a business dealer deals with a dispute that may arise with their contractor. In most cases, a dispute can be resolved without much more than a simple conversation. Sometimes, however, it involves choosing the right legal option if no agreement is forthcoming.
Where do I begin?
No business owner should ever relish the prospect of legal action, as it can be costly, lengthy and detrimental to any business. Therefore, the best way to protect your business from a dispute with a contractor will always be resolving it yourself. You should ensure you have a process in place that involves a formal meeting with your contractor in which you openly and honestly discuss the issues that are in dispute. Also, you should ensure that you are flexible enough to listen to your contractor and attempt to come to an agreement that is best for both your bricklaying business and your contractor, all things considered.
What if discussions between my contractor and I fail?
It is an unfortunate reality of the business world that two people in a contractual business relationship will be unable to reach an agreement. In this event, your only recourse to a solution is a legal one. The first thing you should do is seek the advice of a legal professional who can assist you in deciding what next step is best for you. However, to protect your bricklaying business to the best of your ability, you should be aware of these options in advance.
One potential legal remedy for the dispute between your bricklaying business and a contractor is that of mediation. The process of mediation involves an independent third party who will listen to both you and your contractor, before assisting you both in reaching an agreement. The important thing to note about mediation is that a decision will not be reached for you. Instead, the mediator will act as a conduit through which both you and your contractor will be able to fully express all of your feelings and concerns. Therefore, this process allows for greater flexibility than any other, as it will rely completely on what you and your contractor believe to be in your mutual best interest.
Another potential remedy for your bricklaying business is that of arbitration. The process of arbitration and mediation have certain similarities and differences. In arbitration, you will have an independent third party called an arbitrator. This arbitrator will act in much the same manner as a mediator would, hearing both sides of the dispute and reviewing any evidence and contracts. However, an arbitrator will eventually reach a decision, and that decision will be binding. This means that you and your contractor will be forced to comply with the decision of the arbitrator as if it is the decision of a judge. Also, you will not be able to appeal this decision to a court of law, meaning that whether you agree or not, you will have to comply. The benefit of arbitration is that it is much cheaper than a court case, and it provides finality that will allow your bricklaying business to move on from the dispute as quickly as possible.
If you are looking to start your own bricklaying business or expand your already existing bricklaying business, it is important that you begin to consider the way in which you will go about resolving a dispute. The best way to protect your business is to attempt to resolve the conflict yourself. However, sometimes this is just not possible, in which case you should begin by seeking the advice of a legal professional. Consequently, you will have to choose between mediation, arbitration or going to court. Only you can make this decision based on your understanding of the nature of the dispute, and the potential remedies available to you.
Still unsure how to protect your business from a dispute with a contractor? Feel free to call LegalVision for a fixed-fee quote.