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Last updated on 2024年10月16日

How do you handle payment disputes or delays with owners and subs without damaging the relationship?

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As a construction estimator, you know how important it is to get paid on time and in full for your work. But sometimes, you may encounter payment disputes or delays with owners and subs, either due to contract issues, change orders, cash flow problems, or other factors. How do you handle these situations without damaging the relationship and jeopardizing future projects? Here are some tips to help you negotiate payment terms with owners and subs and avoid costly conflicts.

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1 Know your contract

The first step to resolving any payment dispute or delay is to review your contract carefully and understand your rights and obligations. Make sure you have a clear and detailed scope of work, payment schedule, retention policy, change order process, and dispute resolution clause. If you have any questions or concerns about the contract terms, raise them before signing and get them clarified in writing. Keep a copy of the contract and all related documents in a safe and accessible place.

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John Omondi Otieno

Civil and Structural Engineer
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1. Open Communication Maintain open lines of communication with all parties involved. Address concerns in time and openly to prevent misunderstandings from progressing into disputes. 2. Mediation or Arbitration If direct negotiations fail to resolve the issue, consider engaging a neutral third party, such as a mediator or arbitrator, to facilitate discussions and help find a mutual agreement to settle the dispute. 3. Document Agreements Once a resolution is arrived at, document the terms and conditions in writing to ensure clarity and avoid future conflict.

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IRFAN YOUSAF

Quantity Surveyor || Estimation Engineer || Material takeoff || Bar Bending Schedule (BBS) || Construction Cost Estimator || DAE Civil Engineer ||
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Review the Contract: Before addressing a dispute, thoroughly review the contract to understand your rights and obligations. The contract should clearly outline payment terms, timelines, and dispute resolution processes. Adhere to Terms: Ensure that both you and the other party are adhering to the contract's terms, which can provide a solid foundation for resolving disputes.

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Marcus Hantla

COO at Contractor Foreman | 3X Entrepreneur | 2 Exits | Construction Technology and Innovation
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To handle payment disputes or delays diplomatically, start by communicating early and openly with all parties involved. Stay calm, focus on solutions, and avoid assigning blame. Document every discussion and agreement to keep the conversation fact-based. When possible, offer flexible solutions like revised terms or partial payments to ease tensions. If needed, bring in a neutral mediator to reach a fair agreement. Above all, maintain professionalism and emphasize a long-term relationship, showing you're committed to resolving issues respectfully.

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2 Communicate proactively

The second step to handling payment issues is to communicate proactively and professionally with the parties involved. Don't wait until the payment is overdue or the dispute escalates to reach out to the owner or the sub. Instead, send regular updates on the project progress, invoice promptly and accurately, and follow up politely and firmly on any outstanding payments. If you notice any signs of potential problems, such as delays, errors, or complaints, address them as soon as possible and try to find a mutually acceptable solution.

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3 Negotiate fairly

The third step to dealing with payment challenges is to negotiate fairly and respectfully with the owner or the sub. If you need to request a change order, a payment advance, or a waiver of retention, explain your reasons clearly and provide supporting evidence. If you receive such a request, evaluate it objectively and respond in a timely manner. If you have a valid claim for additional compensation or a penalty for late payment, present it confidently but not aggressively. If you have to compromise, do so in a way that preserves your reputation and goodwill.

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4 Document everything

The fourth step to managing payment risks is to document everything related to the payment process and the dispute resolution. Keep a record of all invoices, receipts, payments, correspondence, agreements, and actions taken. Use email, certified mail, or other verifiable methods to send and receive documents. If you have a verbal conversation, follow up with a written confirmation. If you have a meeting, take notes and share them with the participants. If you have a mediation, arbitration, or litigation, prepare and submit all the necessary documents.

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Vijay Chellaram

Founder @ Sonar Labs | Construction | Civil Engineer I help construction companies save time and reduce risk through faster search!
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Maintaining an audit trail of all communication on a project is extremely important for any dispute resolution. It ensures a very clear way of resolving any issue that may come up. This also keeps everyone on the job transparent and accountable, including your own team.

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5 Learn from experience

The fifth step to improving your payment practices is to learn from experience and apply the lessons to future projects. Review your payment history and identify any patterns, problems, or opportunities for improvement. Seek feedback from the owners and subs you worked with and find out what they liked or disliked about your payment terms and process. Update your contract templates, invoicing systems, and dispute resolution procedures based on your findings. Build and maintain positive relationships with reliable and reputable owners and subs who pay on time and respect your work.

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Derek Graham

Senior Scheduler/Estimator, Forensic Delay Analyst and Construction Defects Expert Witness, Change Management
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Most of these disputes can be avoided with vigorous pencil-req development, and valid reporting. It is expected pencil reqs may be revised several times before being presented for payment. In the rare event payment is not made on time (in accordance with the contract), endeavor to gently remind payor of the contractual terms, and to de-escalate any conflict that might sour the relationship. Your contracts always include such terms, yes?

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6 Seek professional help

The sixth and final step to resolving payment disputes or delays is to seek professional help when necessary. If you have exhausted all the other steps and still cannot reach a satisfactory agreement with the owner or the sub, you may need to consult a lawyer, an accountant, or a mediator. They can advise you on your legal options, financial implications, and best strategies to protect your interests and rights. They can also represent you in any formal or informal dispute resolution process and help you achieve a fair and favorable outcome.

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7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?

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How do you handle payment disputes or delays with owners and subs without damaging the relationship?

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1 Know your contract

2 Communicate proactively

3 Negotiate fairly

4 Document everything

5 Learn from experience

6 Seek professional help

7 Here’s what else to consider

Construction Estimating

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