Contract disputes arise when two or more parties breach a contract. These include minor breaches and more serious ones. When a dispute involving the terms of a contract arises, the parties have the option of resolving the issue through arbitration or mediation. In either case, the dispute must be agreed upon before the resolution process can start.
A good way to resolve such a dispute is to first understand the legal issues involved. The best way to do this is to read a lot of legal literature, which provides an overview of the law. Also, an in-depth understanding of the most common contract terms can help avoid future disputes. It can also lead to balanced contracts that address the disputed issues.
One of the most common construction disputes is the delay issue. This can occur when a contractor is on the site prior to a formal contract being signed. Another common cause is misunderstood contract terms.
Despite the fact that a variety of dispute resolution methods are available, the use of arbitration or mediation as the preferred method is an important consideration. Generally, it is less expensive than going to court and it can help resolve the situation quickly. Typically, both parties choose a neutral third party to help them settle the dispute. However, if a dispute does not require arbitration, the provider can negotiate the most advantageous contract provisions with the aid of ADR knowledge.
One way of identifying contract conditions is through text mining. This is a technique that analyzes the text of a document to identify frequent words and phrases, which can be used to detect trends. For example, if a word like “return” is frequently used, it may be a logical place to look for terms that are related to the dispute.
Another method of discovering trends in construction disputes is by examining the terms of a particular legal document. Typical terms that appear in legal cases are liquidated damages, which are usually the result of actual losses, and the final account, which is the amount the contractor will be owed after a project has been completed.
Text mining is a type of knowledge discovery that identifies the most commonly used terms in a legal document. Using this technique, researchers analyzed 624 dispute cases retrieved from the British and Irish Legal Information Institute. Those cases relating to construction contracts were the focus of the study.
Having a complete understanding of the contracting processes and the legal requirements of each one is vital for providers to ensure that their business is protected. Using the most appropriate legal remedies is crucial to minimizing the risk of litigation.
To discover which concepts are most commonly used in disputes, a survey of past construction dispute case law was conducted. Specifically, these studies examined the concept of the final account, a contractual concept, and the concept of the Dispute Resolution Procedure, a procedure that involves oral presentations and a video.
Overall, this study reveals that the concept of the Dispute Resolution Procedure is the most important of the four parts of a legal case. Though the Dispute Resolution Procedure is not legally enforced, its usage has been widely accepted in the construction industry.