The global construction industry is expected to reach a staggering $10.5 trillion by 2023₊. As a result, there is now room for companies to invest, but at the same time the construction sector is also struggling with labour shortages. But those are not the only challenges in this dynamic sector. With an eye on energy-neutral construction, more and more customers are demanding sustainable and innovative solutions. In addition, customers are becoming increasingly critical of the services provided by construction companies and the costs they pass on. This leads increasingly to discussions or disputes.
Do you have a conflict with a client about a construction project? Do you believe that the agreements in the contract have been violated or is there a conflict with the contractor about additional work? Then it is important, in the first instance, to try and resolve the matter amicably. If it is not possible to reach a solution together then call in our lawyers, quickly. We can help you. We can solve your business conflict and ensure that a quick and practical solution is achieved that suits your organisation and the construction project.
Common conflicts when delivering or distributing goods:
- Building materials are delivered late;
- The work has not been carried out correctly;
- Damage has been suffered by the other party;
- The contractor has charged too much extra work;
- The extra work is not paid.
What options do you have?
If you have a conflict about a building project, there are a number of legal options your organisation can pursue. In order to remain compliant and therefore not in breach of contract yourself, it is important to first ask the construction company to fulfil the contract as agreed. If fulfilment is no longer possible, then you can terminate the contract and / or request compensation.
For each situation, there are different options for how you can proceed if a construction project or the payment of it does not proceed as agreed. Have you already paid, and would you like a refund and to terminate the contract? Or do you want to continue the contract but claim compensation for the damage you have suffered? Our attorneys will work with you so that the best solution for your organisation is achieved.
The right steps in the legal field
To resolve an international business conflict, it is important that the right legal steps are taken. If your service provider does not comply with the contractual agreements, it is often necessary to first send a notice of default before further steps can be taken. This notice of default must meet specific requirements, such as giving a reasonable term to the other party to still comply with the agreements made. Also, when you terminate the agreement, legal rules apply that you must comply with.
In practice, it is common for this procedure to go wrong which can have far-reaching consequences for your organisation. For example, if you wish to end your contract and have not sent a notice of default, the termination will then not be legally valid. As a result, you will remain bound by the (payment) obligations of your contract and you will also not be permitted compensation. Or even worse: you yourself could be liable for damages because the agreement has not been dissolved correctly. Therefore, make sure you call a specialist in time. Our lawyers always strive for the best solution for your organisation. Preferably without the intervention of a judge, but if necessary we also assist you in the judicial process.
Specialists in solving international legal conflicts
At Bierens International Law, our team of lawyers specialise in solving international business conflicts in the construction sector. They are knowledgeable and are aware of the latest developments in the international legal field. Would you like more information about resolving an international dispute or do you have a conflict with your supplier? Contact us today.
₊according to Growth Opportunities in the Global Construction Industry report Dec 2017.