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Work as Allies Rather Than Adversaries
By Stuart Baker and Jeff Oppenheim
Whether it’s homeowner against contractor, contractor against interior designer or homeowner against architect, the breakdown of these relationships in the course of a remodeling project frequently leads to an unsatisfactory project, bad feelings and, all too often, legal action. One national source states that one-third of all construction relationships in the U.S. ends up in some form of dispute resolution.
Many people assume that a remodeling project will automatically involve adversarial relationships. Can you do things to avoid being part of this statistic and, in fact, have a positive remodeling experience? We believe that by following some simple strategies you can greatly lessen conflict and perhaps avoid it altogether. What we are offering may be intuitive to many people, but our experience in the worlds of dispute resolution and construction points to a painful need for a non-adversarial way of working together. Here is a simple but effective approach:
- Bring a commitment to cooperate. Decide from the outset to cooperate. Pulling together makes things work for everyone and encourages the best from all participants. Approach everyone involved as part of the team with the same overall goal; your project will proceed more smoothly and efficiently, with greater enjoyment for all concerned. Cooperation becomes more natural and enjoyable with practice and yields positive results.
- Actively communicate. Communication is key. Lack of communication causes many construction relationships to falter. It is critical to begin a project with open and direct communication. The initial conversations set the tone for trust and understanding. Acknowledge that all parties will be working closely together and that everyone’s participation is important. This includes the homeowner, the architect, the septic installer, the carpenters, the general contractor—everyone. It is crucial that regular and open communication is maintained throughout the project. Parties who do not feel listened to can quickly shift from being eager participants to angry adversaries. Once this shift begins, it can be difficult to reverse.
- Be honest. You may be able to save yourself a great deal of heartache by being clear about your expectations. Speak honestly about concerns. Know yourself well enough to determine if you are comfortable with the other parties and the project. Is the timetable realistic as presented by the contractor or as stated by the homeowner? Is the budget realistic? Is the project too ambitious for either party? Honesty tends to beget honesty, and it sets the right tone from the beginning.
- Be contract smart. Our combined experience of years in construction, law and mediation has taught us that clear project contracts help keep construction relationships flowing. A lot of remodeling work on Cape Cod is done without a contract or with a limited contract. Sometimes this works out fine for the parties involved, but memories can be short and conflicting, and our contention is that in the vast majority of cases an appropriate contract is an aid in lessening conflict. Typically, along with contracts comes the appropriate insurance coverage. Hiring out projects without appropriate insurance and written clarity can carry great risks, especially in our litigious society. A remodeling contract should protect both sides and be concise and understandable.
Although our formula for cooperative construction may well provide for a means of having minimal conflicts, agree in the contract how you will handle a potential dispute that you cannot resolve by yourselves. As mediators we recommend using mediation to resolve disputes and to keep projects running, communication flowing and relationships intact.