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Using ROC to help settle a construction dispute

| Oct 9, 2014 | Construction Law |

In Arizona, when there is a construction contract between two parties, there are times when disagreements will arise. One of the reasons that consumers and businesses are advised to deal with licensed contractors is that there is a way to settle a construction dispute without having to go to court. With the Registrar of Contractors (ROC), a complaint can be filed in an attempt to settle the disagreement.

It must be remembered that there are limits to what the ROC can do to settle a construction dispute. The damages must be less than $10,000. If the goal is to settle the dispute and have the issue fixed by the same contractor rather than receive restitution, then the ROC is a worthwhile option. If the amount surpasses $10,000, then it might be preferable to go to civil court.

There are many common issues that arise is a construction dispute. If there was an agreement between the customer and a contractor and the agreement’s terms were not met, that is a reason to use ROC. There are instances when the contractor has done the job, but the work is not up to the standards that the client requested and expected. Perhaps the contractor stopped work on the project and didn’t want to complete the job. If a contractor had hired subcontractors or didn’t pay for supplies, the customer can go through ROC.

A violation of building codes, lack of adherence to laws regarding safety and labor or not paying appropriate fees and taxes can also be the basis for dispute. Likewise, a contractor might have altered the blueprint that was agreed to. Or, the contractor could have advertised the ability to do the job in a certain way, but couldn’t complete it as the customer wanted.

A complaint form must be filled out and presented to ROC to determine if it is the proper venue. Then the case can move forward. When there is this kind of issue that might fall into the category for ROC, it might be wise to discuss the matter with an experienced attorney to decide on the best course of action in a construction dispute.

Source: AZROC.gov, “ROC’s role in the complaint process,” Accessed on Oct. 6, 2014

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