10 Things to Avoid on your Commercial Project – Item #10 Lawsuits

Lawsuits are no fun for anyone involved, except for, perhaps, the lawyers. They are a huge vacuum of time, money and emotional energy and are best avoided. Litigation can be avoided in most instances. Good communication is the key to any vital relationship. Good, clear and concise documentation (such as AIA Construction Agreements) is also an integral component of the contractual relationship. These contracts allow you to select options before litigation takes place such as arbitration or mediation. Mediation is an option that uses a third party to assist in reaching an amicable resolution. This option leaves the door open so you can proceed to litigation if you are not satisfied with the outcome. Arbitration is binding and you may waive your right to litigation if you selected this option in your agreement. Consult with your attorney as to which options are best for you and your project. The best way to avoid a lawsuit is to take heed to the previous 9 articles:

• Avoid poor site selection
• Know if you have poor soils and design appropriately.
• Avoid environmental issues
• Avoid zoning issues
• Don’t have an unrealistic budget
• Don’t set an unrealistic schedule
• Don’t hire the wrong contractor
• Don’t sign the wrong agreement
• Don’t build the wrong team

Your architect is a value asset to help guide you through the minefield of construction. He or she can be likened to a Sherpa who can guide you to the summit of Mt. Everest or in this case, Mt. Washington! Your architect has been through the process before and can guide you and educate you on the best path to take to avoid costly mistakes.