Whether a construction dispute goes to litigation, mediation, or is settled between the parties’ attorneys, the party who starts with a good contract and keeps good records will usually have a better chance of prevailing.
If you are a contractor, I can help you with a review of both your contract with the property owner and your contract with your subs.
My review of your contract with the property owner will be looking for clearly stated details of what you will provide, clearly stated pricing, a statement that the property owner will not employ any of your subs to do extra work for the owner outside of their agreement with you, and an agreement that all changes to the initial contract must have a signed change order.
My review of your contract with your subs will be looking for details regarding the work to be performed, standards to be applied in reviewing the sub’s work and a statement that the sub will not, separately, accept work from the owner outside of the contract with you.
Even if the project didn’t start with a carefully drafted contract, you need to keep a written (email is okay) record of changes, questions, problems, and any disputed issues. Remember, if it isn’t in writing, the opposing party may not remember and may claim a different scenario.
Throughout the project, take pictures if any of a sub’s work is below standard. The owner may be taking pictures too, but you want your pictures so you can approach the sub before the owner approaches you.
Contracts, email, text messages, phone calls and photographs are all discoverable in the litigation process. Be sure your work/standards are carefully documented.
I can help you not only with your contracts but also by reviewing your records and helping you develop checklists so that your position is carefully organized and documented if a dispute arises.