CONTRACT DISPUTES

Massachusetts Construction Law

Keeping in mind that the root of the word 'contractor' is 'contract', many parties to contracts find, at different times, that they are in disagreement with their contracting parties as to essential parts of the construction contracts they are party to. These disputes may involve the amount or timing of payment, with the application of factors such as "pay-when-paid" clauses, “no damage for delay” clauses and “termination for convenience” clauses. There may be a question as to whether or not a backcharge is factually, legally or contractually proper. There may be a question as to whether or not there is a changed condition, entitling the party encountering the change to additional time to perform the changed work and/or to additional compensation on account of the changed condition. Or, there may be a question as to whether a party has been delayed or has had its performance accelerated and as to whether additional contract time and/or compensation is due on account of these factors.

Contract disputes are resolved in different forums. Increasingly, alternative dispute resolution mechanisms, such as mediation, are explored at some point during the dispute process. (Mediations are a relatively quick and inexpensive procedure where a neutral person - often a lawyer or former judge - helps the parties settle their dispute in a relatively non-adversarial procedure where the parties themselves actually fashion a conclusion to their dispute rather than having that remedy dictated to them by a judge or arbitrator.) Contracts frequently provide that disputes are to be settled through arbitration. (Arbitration is an adversarial process where the parties will resolve their dispute by trial before a body such as the American Arbitration Association, where there are very few pleadings required and little discovery allowed, having the advantage of getting the parties to the trial process much more quickly than court mechanisms usually provide for.) Of course, many disputes are involved through formal litigation before administrative bodies and court, both state and federal.

Our goal is always the quickest possible resolution of the underlying business issue. Recognizing that only about one percent of Massachusetts civil court cases actually go through a complete trial, our understanding of the litigation process combined with our concern for client service often assist us in earlier resolutions of issues with a maximum effort made to maintain and keep viable the business relationship between the parties, which is frequently damaged in the litigation process of.