Communication and Conflict Resolution

Open communication is the surest means to a successful project. Don't just assume that the other person knows what you are thinking or how you want something done. Spell it out. In a communication vacuum, errors rush in.

If it appears that the contractor is not performing adequately, address the issue in a nonconfrontational way by explaining your concerns and requesting information. Give the contractor a chance to clarify the issue and, if necessary, rectify the problem. When that is done, express appreciation.

Unaddressed misunderstandings can lead to suspicion, and this may create a tense and less productive working environment. Calmly discussing issues, however, will often bring quick resolution—or a realization that a problem doesn't actually exist.

Five-Step Problem Solver

Following are five steps you and your contractor can take for problem resolution:

Define the problem. This may be more complex than imagined because of overlapping issues. If a project is not proceeding on schedule, for instance, where does the problem really lie: with weather, change orders, conflicts with other jobs, personnel problems, money? By discussing all of the possibilities, you can then narrow down the real source of the problem.

Summarize all causes and prioritize the root causes. Don't try to solve the problem immediately, because you may be overlooking deeper issues. Write down all possible causes, however small, and then determine which are the most urgent for you.

Identify all solutions and prioritize them. Brainstorming is a good way to find solutions. Talk openly with everyone directly involved in the dispute and encourage their feedback. Give as much time to listening as you do to talking.

Analyze the potential solution. Once you have identified and prioritized several problems, and done the same with solutions, you can narrow down the entire issue. Now your problem is becoming focused and thus manageable. Is this a problem that affects the cost or the schedule? Is it about cleaning up? Is it a personality conflict?

Select the best solution and act on it. Confirm that the agreement is acceptable to all sides, write it down, and note who will do what and by when. Be specific.

In undertaking problem resolution, follow these guidelines:

• Do not criticize one another.
• Only one person speaks at a time; the other listens.
• Allow freewheeling discussion.
• Encourage many ideas.
• Identify ideas that point toward solutions.
• Always seek mutual encouragement and understanding.

  Consider Mediation

If a resolution cannot be reached, seek a mediator. If you feel the project should not proceed any further, discuss with the contractor how it might be closed and what payments or refunds remain outstanding.

When all else fails and if the amount involved is less than $5,000, consider a small claims court. If you must hire a lawyer and sue, however, recognize that even if you win, it might cost you more than the planned project.

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