Commercial development projects rarely proceed smoothly from start to finish. Here are some common issues that parties experience and how to deal with them.
One of the most common issues in these contracts is change orders. The builder may be asked to do things that they do not think are part of the contract. They must still follow the requests, but they can come back and ask for more money. Even changed conditions could legally entitle them to more money, such as being asked to work through a difficult winter or after they find different conditions than what they were expecting.
The parties may also run into financing issues over the course of the project. Both the builder and the party paying may experience cash flow problems. This could delay performance or lead to payment problems. In some cases, the parties are able to work together to resolve these problems without going to court in a manner that allows for the performance of the contract.
There may also be environmental concerns. The project needs the proper permitting and approvals from the relevant authorities. The builder may discover environmental problems during construction, such as contamination of the soil.
Both parties are always better off when they try to negotiate. Litigation will only increase the cost of the project and increase the delays. Some changes to the terms of the contract may be necessary. However, you can always try to enforce the terms of the contract. There is a risk that the court will change the contract either due to someone’s behavior or the conditions that they encountered.
Call an Atlanta Construction Lawyer Today
It is vital to work with an Atlanta construction attorney as you plot your strategy in dealing with any legal issues. Contact Battleson Law LLC online or call us at 470.398.0720 to discuss your commercial development project.