When do you need a stop-work order?

On Behalf of | Apr 7, 2022 | Construction Litigation

Are you in the midst of a construction dispute in Texas? This can come as a result of a dispute over site conditions or concerns over budgeting. Whatever the reason may be, you may feel that things can’t continue as they are. If you feel that the situation has gotten out of hand, you can use a stop-work order.

What does a stop-work order entail?

A stop-work order can be one of the most unfortunate results of construction litigation in Texas. The basic point of this order will be to call work to a halt. This halt will continue until an agreement between the disputing parties can be reached. The provision for a stop-work order is normally contained in the contract itself.

This option can be applied in a number of ways. The usual reason is to cease work while arguments over time, budget or construction methods are resolved. The basic point of such an option is to minimize the risk of having to go to court over a breach of contract. However, the method carries risks of its own.

What does a stop-work order contain?

The process of posting a stop-work order to resolve contract disputes will entail several steps. You will first need to provide a full description of all of the activities that need to be suspended. You will then provide full instructions to the contractor. These will be your directives in regard to the material orders, permits, services and general scope of the project.

You will then need to come to a decision on whether the project can be safely resumed at a later date. You may wish to have recourse to the process of mediation or arbitration in order to break the impasse. This may help you avoid having to litigate.