Question

1. Discuss a actual dispute you've had with another person or entity. What led to the dispute and what could have been done to avoid it? Can you imagine a similar situation happening in construction? Would you have used the same approach(es) to avoid the dispute? 2. You are a contractor and there is confusion in the contract documents regarding structural requirements for the roof. The owner feels that you are obligated to provide a much more costly system than you bid and the

Answer 1

Solution:

Ans 1 - Recently there was a dispute with the local police authorities regarding some minor construction works at my residence. the work mainly consisted of fitting of doors and windows, painting and flooring. For such activities no exclusive permission is required from the municipality board or the police as these are internal works and does not concern the use of public property. But the tenant notoriously and repeatedly complained to the police because of which policemen arrived at the residence and halted the activities. When they were approached by us, the officer - in- charge to my awe, said that even they knew that they are not supposed to interfere in civil or property dispute cases as it is the prerogative of the judiciary.So when i asked why then have they responded to the complaint, the reply was disgraceful. The officer says that police officials won't visit my residence further if we provided him hush money/ bribe. such blatant corruption was jaw- dropping as well as unethical.

In my view, this problem could have been solved by directly making contact with the vigilance cell of the City police authority or Commission. As the duty to report such bribery instances is vested on the public and their investigation id looked after by the vigilance department. Since the entire matter is a legal dispute and the police is not supposed to interfere, it is in best interests to seek the help of these higher authorities. The complainant is not in a position to negotiate because his motive is to cause harassment in any way possible. Although this matter can be taken with the police authority with charges of conspiracy, defamation and wrongful representation of data and harassment , but it is unlikely that the police will respond with definite action.

In a construction, such disputes may arise but at a much larger scale. this might be in the form of local political leadership, protest of land owners,etc. These kind of problems can be solved by mediation with the parties involved and informing the police authority prior to start of construction that construction activities will take place. But the thing which is most important is to have a sanctioned plan from the municipality as that is the sole legal document which would help the developer from prosecution under charges of wrongful erection of structures. If there arises problems midway then the judiciary may be approached but that would be time consuming. It is better to negotiate with the parties involved when done in large scale.