Below, are the ten commandments that can help you avoid problems during construction projects and resolve those that do arise.

1.       Have Clear Contracts

The best way to avoid construction problems is to have clear contracts that set out the rights and responsibilities of both parties. Carefully read through the contracts and negotiate favorable terms in case a problem does arise.

2.       Anticipate Problems

It is common for some type of problem to arise during a construction project, whether that means that weather delays the work, materials cost more than expected, or an unexpected problem with the property arises. Be sure that you include provisions in your contract that address these potential issues.

3.       Structure Payments

Some project managers make the mistake of pre-paying for work or paying too much for the amount of work that has been completed. Funds that are advanced should not exceed the value of work that has been completed.

4.       Secure the Work

Many contractors choose to secure their work through the issuance of a mechanic’s lien. To protect your rights, you will need to carefully follow the filling deadlines and notice requirements.

5.       Formalize Contract Changes

If there are add-ons or change orders, be sure that you get these contract changes in writing. Your contract probably requires changes to be in writing, so be sure you follow this directive.

6.       Resolve Problems Early On

If problems do arise, address them early on. Letting them fester can cause the parties to solidify their positions against each other and make it more difficult to resolve the problem.

7.       Pick the Right Mediator

If you have a problem that cannot easily be resolved through direct communication or negotiation, mediation is an effective way to resolve disputes that arise during construction projects that allow the parties to maintain the contract and work together to resolve the problem. Selecting the right mediator is pivotal to the successful resolution of your case. Neil Robertson has extensive experience mediating construction and commercial matters and can help you resolve your dispute in an amicable manner.

8.       Participate in Mediation in Good Faith

Once you are at mediation, it is important that you participate in the process in good faith to get the full value of this process.

9.     Keep an Open Mind

One of the biggest benefits of mediation is the ability of the parties to create terms of an agreement that may not otherwise be available through litigation. For example, the parties may agree to modify the contract, agree to future business together or agree to use a particular subcontractor as a way to resolve the conflict. Keep an open mind and be flexible to get the most out of the mediation process.

10.     Document Your Agreement

After you successfully mediate your dispute, be sure that you get your full agreement in writing. You will walk out of mediation with a customized agreement.

Mediation is an effective way to resolve legal disputes that save the parties time, money and frustration. The parties are aided by a third party neutral such as Neil Robertson who is often selected for his subject matter expertise. If mediation is successful, the case can come to its end and the victim can receive a faster settlement. The typical personal injury case will involve the following steps:

1.       Selection of Mediator

One of the significant benefits of mediation is that the parties can choose their own mediator. In litigation, the parties are generally assigned a judge at random. For example, parties involved in mediation can choose someone who has experience in personal injury law like Neil Robertson, who has an extensive background in personal injury defense litigation, premises liability and products liability. A person with this background has greater authority in the practice area and can discuss the real strengths and weaknesses of the case. Once the parties agree on a mediator, the mediator schedules the mediation at an agreed upon date, time and location.

2.       Preparation for Mediation

Before the mediation session, the parties will meet with their attorneys, discuss the process and learn what to expect. The victim will compile all evidence that supports his or her version of events and extent of damages. The insurance company may review what similar cases have settled for or compile evidence to minimize the value of the claim. The mediator will also send a mediation and confidentiality agreement to the parties. It is important that the parties understand that the pr3Socess is confidential and that if they do not reach an agreement that they cannot repeat the information discussed in mediation.

The parties’ lawyers will usually attend mediation with their clients. However, the parties may meet with their lawyers to discuss strategy. The accident victim may discuss a possible settlement range. He or she should also discuss any particular needs for settlement funds, such as annual distributions or putting the money in a trust. The defendant may also want to discuss strategy with his or her lawyer, such as a potential settlement value and a point when the defendant would prefer to take the case to trial.

3.       Opening Statements

At mediation, the mediator will introduce the parties to each other. Typically, the victim will appear with his or her personal injury lawyer. The defense attorney and claims adjuster will also attend. He or she will describe the mediation process and the ground rules.

Next, each party will give an opening statement about their side of the case. The victim’s lawyer may give an estimated value of the case and the reason for this value. The defense responds with its own opening statement and why the perceived value is less. The opening statement is helpful for the mediator to understand the respective positions and for the parties to hear the perspective and evidence from the other side of the case.

4.       Caucuses

After the opening statement, it is common for the parties to split up into different rooms for the remainder of mediation or for a substantial portion of the mediation process. The mediator meets with one party at a time, identifies the party’s interests and obtains important information about the case. The mediator goes back and forth between the parties.

During these private caucuses, the mediator asks questions to learn more about the case. The parties talk confidentially with the mediator and the mediator cannot share this information with the other side unless explicitly granted permission. Therefore, the personal injury victim or insurance adjuster may reveal information about the case that may not help the party but that lets the mediator know about a possible concern or wiliness to settle. 

During these private sessions, the mediator also points out weaknesses to each party’s side of the case. The mediator will also suggest compromises. He or she will get the parties to reevaluate their positions and remind them of the risk of continuing litigation, such as an uncertain outcome, more time and greater expense. During these sessions, the parties may share evidence with the mediator, such as an expert witness report or evidence that the victim may have exaggerated injuries. This evidence will help the mediator evaluate the strength of the case and how a jury would likely react to the evidence.

5.       Offers and Counteroffers

One party will open by making an offer that he or she would accept to end the case. The mediator communicates this offer to the other party. The other party usually responds with a counteroffer. This process may continue for a while. The mediator continues asking questions and tries to get the parties to reach an amicable solution. Mediators use conflict resolution skills to get the parties to minimize points of controversy between them and reduce negative feelings.

6.       Settlement

If the parties are able to reach an agreement, the parties will sign a written agreement. This agreement will set out the terms of the settlement, including a dismissal of all claims in exchange for the settlement, the amount of the settlement, and the date or dates when the settlement funds will be disbursed. The parties’ attorneys prepare the necessary paperwork to file with the court to end the claim. The court will then dismiss the case once it has been resolved.

If the parties do not reach a settlement by the end of mediation, negotiations may still continue. The parties may come to an agreement at some point in the future. Even if the parties are not able to reach a settlement, they still gain valuable information at mediation, such as the strengths and weaknesses of their case, the evidence that will likely be introduced and how the parties will appear in front of a judge or jury. This added knowledge often helps the parties attain a more realistic outlook on their case.

If you would like to schedule personal injury mediation, contact Robertson Mediation.

Mediation can be one of the most efficient and effective tools for resolving a legal dispute. It can be especially beneficial in construction disputes.

Construction Dispute Mediator in Miami, Florida

Mediation is one of the most effective ways to resolve construction disputes. It helps you avoid the expense and frustration of a long, drawn-out trial. In fact, all judges order both parties to try to resolve their dispute through mediation before permitting a construction dispute to move to trial. Parties are not required to come to a resolution in mediation, but they are required to try to do so.

To discuss your construction dispute options with a Miami, Florida construction mediator, call 305-448-7988 for a free consultation.

Mediation works well in construction disputes for several reasons.

First, utilizes the services of a neutral third-party (the mediator) to help guide the negotiation between the disputing parties. Mediators listen to each party’s argument and then help them explore the pros and cons of various resolutions. This provides flexibility and gives those most affected by the outcome control of how the situation plays out.

Mediation also helps to protect valuable business relationships. Disputes in the construction industry can be expensive and create a great deal of damage. In most cases, it will be in everyone’s best interests to try to resolve complex construction disputes as early as possible before more damage is done.

Neil Robertson’s goal is to help protect mutually beneficial relationships and resolve construction disputes as efficiently as possible.

Common Types of Construction Disputes in Miami, Florida

Construction disputes tend to be incredibly complex. They mightinvolve many parties, including business owners, contractors, subcontractors, construction managers, architects, designers, engineers, sureties, insurers, manufacturers, suppliers, lenders, consultants, accountants, etc. All of these people have a stake in the outcome of the dispute and they will likely affect how the resolution unfolds.

In most cases, construction disputes fall into one of the following categories:

• Project Delays: Delays threaten revenue, deadlines, and overhead. They can create lost productivity, which affect both owners and employees, contractors, and subcontractors.
• Problems with the Quality of Work: Claims related to the quality of labor or materials arise when contractors, subcontractors, or suppliers fail to meet certain standards of quality. This might include published design standards, industry standards, or performance standards.
• Nonpayment: Claims related to nonpayment (unpaid labor and/or materials) are one of the most common sources of problems in the construction industry. These are especially difficult to resolve without the support of a neutral third party.
• Liens and Bonds: Lien perfection and bond claim requirements tend to be complex. Not to mention the laws governing them are unique to each state. Notice requirements are incredibly strict and filing deadlines tend to be unforgiving.

Let Neil Robertson Help

Neil Robertson is a construction mediator in Miami, Florida. His years of experience in the legal industry and working with construction clients make him a valuable resource for resolving your dispute. If you would like to schedule a time to discuss the benefits of construction mediation for your situation or you have questions, contact Neil at 305-448-7988 or email him at nrobertson@dkdr.com.