Dispute Resolution in Construction

Main Triggers for Disputes in the Construction Sector

• Errors and omissions in contract documents. This may include physical aspects like ground & soil characteristics, that might not be factually mentioned in the contract agreement.
• Change in the scope of the project.
• Failure of the owner, contractor, and/or sub-contractor to understand or comply with the terms of the contract.
• Cost overruns due to bureaucratic delays by the various regulatory bodies.
• Delay in supply of materials by the owner.
• Payment delays by the owner, leading to a delay in the schedule.
• Wrongful termination of the project.

Plagued by schedule delays, Construction Projects in India often result in losses, with the contractors claiming compensation from the owners. A dispute arises when the owner refuses to pay for such claims, and the project goes into a further delay, leading to financial losses for all stakeholders.

Dispute Resolution Machinery in India

Although mechanisms for resolving such disputes are mentioned in the contracts, they sometimes prove inadequate to solve the same. Some of the major Dispute Resolution strategies in India:

• Arbitration: Executed under the Indian Arbitration Act, 2016 amended in 2019 & 2021, this stage of the dispute resolution process is much inexpensive and shorter than going into litigation. We prepare all the paperwork, file claims & rejoinders, and battle out the case before the tribunal to ensure financial rewards for our clients.
• Negotiations and Mediations: Our dispute resolution experts, armed with comprehensive knowledge and vast experience, carry out negotiations to ensure the financial viability of the project for our client. It is the most popular method of settlement of construction disputes in India and is highly dependent on the skills & capability of the negotiators. However, we are proud to say that our professional team has time & again proven adept at making skillful and result-oriented decisions for achieving considerable settlement awards for our clients.
• Litigation: Litigation is much avoided, as it costs a lot in terms of both time & money, but sometimes is the last resort for resolving construction claims disputes. We provide techno-legal support and defense attorneys to resolve the construction claims matters in the court of law at all levels.

Dispute Resolution at GS Associates

In the construction sector, time & money is of great essence and construction disputes in India consume both these essential elements. Alternative Dispute Resolution (ADR) is a better way to settle disputes without litigation. However, if a construction dispute is placed in the court of law, our techno-legal team can fight for your rights with solid evidence and documentation.

GS Associates will provide unmatched support at every step and our techno-legal team will help in compiling concrete evidence & substantial documentation on your behalf, for you to build a strong case without the burden of expensive legal fees. We handle all your paperwork & correspondence and build friendly rapport amongst the owners & the contractors. We aim at sorting all your Construction Claims at negotiation & arbitration levels, securing just settlement awards, and helping you maintain the financial viability of the project. We, at DS Associates, fight all your claims battles, leaving you focused on delivering on your promises.

GS Associates provides the following expert services for Claims Management & Dispute Resolution:

• Identification of Claims: Identification of loopholes, delays, or any such occurrence that may give rise to any claims.
• Review and Analysis: Review and analysis of all claims related correspondence & documents.
• Building Concrete Evidence: Building concrete evidence in the form of records, data, and correspondence to support the claims.
• Supporting Documentation: Creation of accurate citations and accounts to support the claims.
• Mediation & Conciliation: Advise and assist our clients in mediation & conciliation proceedings and preparing the documentation for the same.
• Arbitration Proceedings: If case mediation & conciliation fail, our experts assist the clients in invoking arbitrations and proceedings as per the contractual/legal provisions.
• Arbitration Assistance: Assistance in obtaining interim protection orders, creating rejoinders, and all correspondence for arbitration proceedings.
• Enforcement of Award: Ensuring all documentation & support required for enforcing settlement awards.
• Challenging Arbitration Award: Creating documents and filing timely appeals for challenging award settlement in court.

Get in touch with GS Associates to save time & costs and gain significant settlement awards through the process of Dispute Resolution.