Sizing Decks or Patio

Posted on October 2, 2003 by Tim Carter

DEAR TIM: My husband and I are getting ready to add a patio onto our house. We can't seem to agree on its size. We intend to have a table and chair set and 4 - 6 other chairs for additional seating. He says that a 10 foot x 16 foot patio will be large enough. I disagree. Will you settle this argument so that we can begin construction? L. A.

DEAR L. A.: As you can imagine, I hate being put in the middle. Call the concrete company and order more materials. You are going to need them! Your husband, in my opinion, is dead wrong. Fortunately, you caught the mistake before it happened. Many, many homeowners have discovered, after it was too late, that the patio or deck they constructed was inadequate for their needs. I have seen hundreds of decks and patios that are too small.

It is actually quite simple to plan a deck or patio. Most homeowners don't realize that they already have the plan. It is three dimensions right inside their own home. Step into your dining room and living room and look at what you see. The first thing you should realize is that a deck or patio in nothing more than a room without walls or a ceiling.

Here's my finished paver patio. It's going to last decades so long as no one pressure washes it. Pressure washing removes the colored cement paste that's coating the sand and gravel in the concrete. Copyright 2017 Tim Carter

Since you told me that you were going to have a table and chair set, let's start in the dining room. Patio and deck furniture is very similar in size to regular interior furniture. Many dining room tables are approximately 4 feet wide by 6 feet long.

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Most chairs are basically 2 feet square. In order to sit at the table, you generally have to pull the chair away from the table approximately 1 foot. To walk around a chair that is pulled away from the table you need a minimum of 2 feet. So, the minimum width of this portion of the patio or deck would be the following calculation: 2+2+1+4+1+2+2 = 14 feet. Since the length of the table was 6 feet, the minimum length of the patio or deck would be: 2+2+1+6+1+2+2= 16 feet. Try this in your own dining room.

The area required for the additional 4-6 chairs is a little harder to calculate. This is due, in part, to the numerous combinations of seating arrangements. However, a simple way to solve it is to go into your living room. Frequently, people have a couch, coffee table, and side chairs in their living room.

Take a few minutes and rearrange these elements into a realistic and comfortable grouping. Allow plenty of room to get in and out of the furniture. Make sure that you include the coffee table or side tables. You will probably need these on your deck or patio to place food, drinks, books, etc.

After you are happy with the arrangement, measure the width and length of the arrangement. Be sure to include the extra 2 feet' behind the furniture pieces. More often than not, your measurements will probably be in the range of 16 feet x 18 feet.

Often you will find that you need a space bigger than your existing rooms. The reason for this is quite simple. Most people push couches and chairs up against a wall in a living room. This works fine in a room with walls, because you can't walk through a wall.

However, it generally is not a good idea to place furniture at the edge of a patio or deck. If you do, you will find yourself walking in the grass or landscaping to get around the furniture.

These planning principles can also be performed with simple 1/4 inch graph paper available at most office supply stores. Make simple scale colored cutouts of the furniture you intend to use.

Remember, 1/4 inch equals 1 foot. Place these pieces on a piece of the 1/4 inch graph paper making sure that the proper space is allowed for between each piece. Don't place furniture in the pathways between the doors to the house and the lawn.

Now, draw lines around your layout. Presto! You have a plan. Check and recheck your measurements, get out the shovels, and get to work!

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Homeowner Sweat Equity Jobs

Posted on October 2, 2003 by Tim Carter

DEAR TIM: I'm quite resourceful and handy. I have the ability to install the electric and plumbing in my room addition project. I feel that this will help me save money and allow me to invest some 'sweat equity' into my project. However, the contractors who I have contacted are not interested in working with me. Why am I encountering so much resistance? V. N.

DEAR V. N.: If you put yourself in the shoes of the contractor, you will quickly realize why. The contractors are afraid that you possibly will not complete your work on schedule, and / or will not pass the required inspections. Either of these situations will cause delays in the project.

Professional contractors tightly schedule their project. Projects that run smoothly are beneficial for many reasons. They allow the contractor to maximize his profit. Projects without delays allow the contractor to show up on time for the next job. Remember, you are probably only interested in your job. I doubt that you have much interest in the contractors' other commitments.

The business of contracting is very difficult. There are many, many variables that are beyond the direct control of the contractor. Delays can be catastrophic. They have a ripple effect, much like throwing a rock in a pond. A delay that you cause by not meeting a deadline will not cost you a thing. However, the delay will cost your contractor money.

Delays have a dramatic effect on the pocketbook of a contractor. Most contractors and homeowners fail to realize this. Contractors basically have only one commodity that they can sell. That commodity is time. Contracting is a service industry based upon time.

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Employees are paid by the hour, even sub-contractors calculate their payroll by the hour. Because of this axiom, a contractor can realistically only work so many hours in his or her lifetime. Delays cause future work to be pushed farther into the future. This means less income over a lifetime.

Delays often hurt the credibility of a contractor. Try to realize that builders and contractors are constantly negotiating for the job that starts after the current one is complete. The next customer is anxious to know when his or her job will start. Everyone is generally excited about the beginning of a remodeling or building project.

Surely you have heard stories of builders or remodelers who did not start a job on time. Few homeowners are sympathetic. They don't care to hear about someone else's problems. Any delay that you cause will make the next customer upset with your contractor. No contractor that I know of wants to start a job with an unhappy customer.

There possibly is a compromise to this problem. Consider investing your 'sweat equity' at the beginning or end of the project. This allows the contractor to control his or her destiny.

In fact, most contractors will negotiate for you to perform tasks at the end of a project. That way they can start the job, run it as smoothly as possible, and then turn it over to you to complete. The contractor can then go on to the next job, while you finish the job at your own pace.

However, keep in mind several things before you attempt this. Be sure to allow enough time to adequately complete tasks. Homeowners often vastly underestimate the amount of time it takes to perform finishing tasks.

Also, be sure that you have accurately estimated the cost of what you need to purchase. Frequently, homeowners run out of money at the end of a project. Beware, those last few weeks of work can often stretch into months or years.

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It is also written for those homeowners who need the basic skills instruction, clearly explaining step-by-step what to do as well as how to do it. The illustrations and photos in this book are just fabulous.

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Change Orders – What’s Fair / What’s Not

Posted on October 2, 2003 by Tim Carter

DEAR TIM: My builder has presented me with a "change order." He wants to charge me additional money to cover the cost of enlarging the opening for the medicine cabinet I selected. Plumbing pipes and wires also have to be relocated. I picked out this cabinet at the beginning of the project. Do you think it is fair for me to have to pay? How could this have been avoided? R. P.

DEAR R. P. : Based upon your detailed description of the circumstances, I feel that you should not have to pay for this mistake. Because you selected the cabinet prior to the start of construction and made your builder aware of this selection, you are not responsible for the mistake.

Change orders are a very sensitive issue in construction. Frequently, relationships between owners and builders deteriorate because of change orders. It is not uncommon for both parties to be at fault for this dilemma. Many homeowners feel that they are often overcharged for changes in a project.

Most professional builders try to avoid change orders. They are disruptive to scheduling. Also, it is very difficult to charge the homeowner for the true cost of initiating the change order. A simple change order can devour 4 - 6 hours of time.

The builder has to meet with you concerning the change, calculate the cost of the change, obtain your approval, prepare the paper work for the change order, and then administer the change order. This all should happen before any work begins!

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One of the most common causes of change orders is poor planning. During the planning stage of a project, all options should be discussed. This pertains to virtually every aspect of the project.

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Architects, builders, and contractors often forget that some homeowners have a tough time visualizing the finished project. This inability to visualize, on the part of the homeowner, can become a builder's worst nightmare.

Change orders that result from a homeowner who modifies the plan during the course of construction cannot be blamed on the builder. It is not uncommon for people to change their mind. However, individuals who do this should be prepared to pay for this process.

Remember, the builder and his subs based their original prices on specific tasks and materials. Any extra work resulting in a change should be paid for by the homeowner. Changes in work that delete work or materials should result in a credit for the homeowner.

There are various things that you can do to minimize or eliminate change orders in a project. Many of them are very simple to do. Try to think through all aspects of your project. If you are unsure of how something will look, ask the architect or builder to draw a quick sketch of the area in question.

When selecting fixtures or other items, spend as much time as possible at the showrooms. Ask as many questions as possible. Look at as many brochures as you can. Study the photographs in the brochures and try to imagine a particular item in your house.

Your specific problem could have been avoided very easily. After you make specific selections regarding the fixtures you intend to use, suggest to your builder that he obtain copies of all technical literature pertaining to each product. This literature provides very important dimensions and mechanical specifications that your builder needs.

Various subcontractors need this information as well. Since you notified your builder as to the exact model of medicine cabinet, he should have obtained the exact dimensions of the cabinet before the carpenters framed the opening. Kindly tell your builder to open his checkbook to pay the plumber, electrician, carpenter, and plasterer for the mistake.

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Drywall Nail Pops

Posted on October 2, 2003 by Tim Carter

DEAR TIM: My builder has advised me to delay the installation of the drywall in my new home for as long as possible. He says that I will get a better finishing job with fewer defects. He also says that fewer 'nail pops' will develop. I think that he is trying to stall because his drywall contractor is stuck on another job. Is he telling me the truth? J. V.

DEAR J. V.: It is quite possible that both of you are right. As long as the delay is not substantial, you will benefit from the delay. Your builder is telling the truth with respect to overall quality of the finish job. He appears to be well informed on the subject of drywall installation.

Drywall Nail Pops

A primary cause of many drywall related call back repairs is rough framing lumber shrinkage. Framing lumber used in new construction often shrinks after it is installed. Kiln dried lumber often has a moisture content that ranges between 15 - 20 percent. The moisture content can drop to 10 percent after installation.

This loss of moisture is the result of normal drying and accelerated drying which occurs if your house requires heating during winter months. Lumber moisture content can be checked with a moisture meter.

This shrinkage is not uniform. Lumber experiences very little shrinkage along its length. It experiences moderate shrinkage in a direction perpendicular to the growth rings. This dimension in most framing lumber is generally referred to as its thickness.

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The shrinkage is most pronounced along the direction of the growth rings or the board's width. For example, a 2x4 wall stud will experience its greatest shrinkage along the 4 inch face.

Because lumber, at this point in time, is the most common framing member used in residential construction, you should be concerned with shrinkage. If your framing lumber has not dried out, or was subject to excessive amounts of rainfall prior to the installation of your roof, you very possibly could experience many drywall failures. The most common being "nail pops."

Nail pops can occur for a variety of reasons. One common cause of nail pops is 'operator error'. The installer fails to push the drywall firmly against the framing lumber as it is being fastened. This failure results in a void space between the back of the drywall and the framing lumber. If someone or something pushes against the drywall, the drywall goes in and the nail pushes to the surface.

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However, lumber shrinkage can create the same identical effect, even if the drywall was properly installed. Because shrinkage causes the greatest dimensional change along the lumber's width, a void area can develop between the drywall and framing members.

Lumber shrinkage can not be avoided. In fact, just as your builder recommends, you should plan for it to occur. Try to plan your construction so that the rough framing occurs during the driest time of the year. Do whatever is necessary to get the structure 'under roof' as quickly as possible.

After the house is under roof, try to keep the structure as open as possible. Keep doors and windows open during dry weather. Randomly sample the moisture content of your framing lumber. Avoid installing the drywall if you get consistently high moisture level readings. The wait will be worth it in the long run.

Besides, you really don't want the drywall contractor patching, sanding, and tracking dust through your house 9 months after you have moved in, do you?

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How To Find A Professional Contractor

Posted on October 2, 2003 by Tim Carter

DEAR TIM: The last two times that I have had work done I have been very dissatisfied with the performance of the contractors. They broke promises, abandoned the jobsite for days at a time, didn't complete the work, etc. I know that there are professional contractors out there, what should I look for? C. P.

DEAR C. P.: You are right. There are professional contractors who work in the industry. However, just as with milk, only the cream rises to the top. The qualities which are common to many professionals are subjective and somewhat hard to define. I will do my best to list as many as I can.

Professional contractors are both craftpeople and business people. They should be able to produce satisfactory and prompt results, whether they are cutting a piece of wood or administering a change order. Phone calls should be returned within 24 - 36 hours. Scheduled appointments should be kept. A professional will arrive on time or slightly ahead of schedule.

Professional contractors will, in most cases, not hesitate to offer a detailed breakdown of job costs. This breakdown allows homeowners to develop a fair payment schedule for completed work. Lending institutions in many parts of the country use this system in new home construction. Professional contractors work under these conditions on a regular basis.

A professional will provide you with a copy of his or her current workman's compensation certificate. They will also offer to you with a copy of their certificate of insurance indicating the limits of their general liability policy. Generally speaking, both of these policies are paid in advance. Make sure that the policies will not expire prior to the completion of your job.

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Some states require contractors to be licensed. A professional will produce a copy of his or her current registration without hesitation.

In the event that the job does not have detailed plans and specifications, a professional will produce a detailed list of work to be done. Where applicable, specific materials will be spelled out in this listing.

Professional contractors will indicate specific starting dates and provide you with a schedule of how the job will progress. This schedule will indicate a completion date. In the event the job is delayed, or changes orders occur which add or delete work, the professional will adjust the schedule and notify you of the new anticipated completion date.

A professional contractor will not employ high pressure sales tactics. He or she will produce a clear and concise contract which is fair to both parties. Often this contract will include a method by which disputes can be settled.

Professional contractors are sometimes members of a trade association. They also possess a broad knowledge of the trade and keep current with new technology. They should be able to produce current copies of trade publications addressed to them. Professional contractors have many repeat customers. They should be able to produce a long list of these individuals.

Finally, consult your local Better Business Bureau. Ask how long the contractor has been in business. Ask if there are any unresolved disputes pending regarding the contractor in question.

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By following the advice in this book designers, builders and home owners will be able to create an addition that solves space problems and increase the value of a house. This book is published by Taunton Press, one of my favorite book publishers, and has wonderful color photographs and easily understood illustrations.

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Air Conditioning Getting The Correct Size

Posted on October 2, 2003 by Tim Carter

DEAR TIM: Help! We recently had a replacement air conditioning unit installed. It can't seem to get the house cool enough and it always seems humid as well. The factory representative came out with the installer and verified that there were no coolant leaks and that the unit is functioning properly. I'm really "hot" under the collar about this. What could be wrong? J. K.

DEAR J.K.: Believe it or not, it is quite possible that you may have had the wrong sized unit installed. Based upon everything that you sent to me, I feel that this is the only explanation.

Most homeowners are unaware that air-conditioning units come in a wide variety of sizes. They can range in size anywhere from 1 ton to 7 tons, often in half ton increments. Don't confuse these tons with weight.

One ton of cooling is equivalent to 12,000 BTU's (British Thermal Unit). It takes roughly 12,000 BTU's to melt a ton of ice in a 24 hour period. Bear with me, I'm about to explain all of this.

Air conditioning equipment removes heat and humidity from your home. The size requirements of this equipment depend upon how much heat is in your home and how quickly it is generated. This heat generation is commonly referred to as "Heat Gain" and is measured in BTU's.

There are two types of heat gain, external and internal. External heat gain is that heat which comes from sources outside of the house (sunlight, hot air). Internal heat gain is that heat which comes from sources inside of the house (people, lights, cooking, appliances, etc.).

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These sources of heat must be measured accurately. Tables have been developed for these specific purposes. These tables are based upon many variables, all of which must be taken into consideration. The proper use of these tables, in almost all cases, requires that the heating contractor gather specific data concerning your house.

The data which must be gathered includes, but is not limited to, many of the following variables: thickness of wall and ceiling insulation, square foot area of insulated ceilings and floors, square foot area of exterior walls and the compass direction they face, square foot area of windows in each of these wall and efficiency of these windows, shading of windows, average number of people occupying the house, and geographic location of the house.

When all of these measurements are made and the mathematics completed, the heating contractor will have arrived at a figure for "Heat Gain" for your particular home. The calculations are so specific, that two identical houses on the same street may have two different heat gain calculations. For example, the house with the greater number of windows facing west will have a larger heat gain.

The importance of performing the calculations should not be underestimated. An air conditioner that is too small will be unable to remove all of the heat and humidity. An air conditioner which is too large will "short cycle."

It will not run long enough to adequately remove excess humidity. Air conditioning units should be sized for the exact heat gain or slightly larger. Properly sized equipment runs at peak efficiency.

I suggest that you call your heating contractor and ask him or her to produce the complete set of calculations. Make the individual prove to you that in fact the proper sized equipment was installed. The air conditioning unit outside of your house will have a factory applied sticker or plate indicating how many BTU's it is rated for. Check it yourself!

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Concrete Slab Cracks

Posted on October 2, 2003 by Tim Carter

Concrete Slab Cracks

DEAR TIM: I just had a new driveway installed 6 months ago. However, within 3 months, a crack developed in the middle of one of the sections. The crack is getting wider every week. The installer has told me that virtually all concrete slabs crack and that there is nothing he can do to prevent it. Could this really be true? Is there a way to stop the crack from widening? R. A.

DEAR R. A.: I believe that your concrete contractor is only telling you half of the truth. He is, in my opinion, 100 % correct about concrete's desire to crack. However, I disagree with his statement concerning crack prevention.

Concrete is a very unique material. When installed properly, it can be one of the most durable and long lasting products you can use around your home. However, many concrete contractors fail to follow established guidelines with respect to concrete placement.

Durable, high strength, and crack resistant concrete does not happen by accident. You must do many things to achieve these qualities.

Concrete can crack for many reasons. Shrinkage is a primary cause of cracking. As concrete hardens and drys it shrinks. This is due to the loss, thru evaporation, of excess mixing water. Thus, in most cases, the wetter or soupier the concrete mix, the greater the shrinkage will be.

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Concrete slabs can shrink as much as 1/2 inch per 100 feet. The actual amount is 1/16th inch for every ten feet of horizontal distance. This shrinkage causes forces in the concrete which literally pull the slab apart. Cracks are the end result of these forces.

Concrete does not require much water to achieve maximum strength. In fact, a wide majority of concrete used in residential work, in many cases, has too much water. This water is added to make the concrete easier to install. It is a labor saving device. This excess water can not only promote cracking, it can severely weaken the concrete.

Also, rapid drying of the slab will significantly increase the possibility of cracking. The chemical reaction which causes concrete to go from the liquid or plastic state to a solid state requires water. This chemical reaction, or hydration, continues to occur for days and weeks after you pour the concrete.

You can make sure that the necessary water is available for this reaction by adequately curing the slab. The use of liquid curing compounds, covering the slab with plastic, wet burlap, and other methods can be used to cure concrete.

Cracking can be minimized by following other guidelines as well. Install the proper strength concrete for your intended use. Concrete is available in many different strengths. The ground upon which the concrete will be placed must be compacted.

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Never pour concrete on frozen ground. Install adequate control and isolation joints. Control joints occur at regular intervals in the slab and are intended to account for horizontal and vertical movement in slabs. These joints can be formed with a tool or sawcut soon after the slab has hardened.

The purpose of these joints is to create a zone of weakness where the forces which are pulling on the slab will relieve themselves. Isolation joints allow a slab to move independently of other fixed or stationary objects.

As a last resort, consider installing reinforcing steel. Reinforcing steel for residential purposes comes in two basic varieties, wire mesh or rigid reinforcing bars (rebars). The use of reinforcing steel can help in the event a crack develops.

The steel can often stop the crack from widening and displacing vertically. Reinforcing steel is also quite inexpensive. It is usually very easy to properly install. Steel can significantly enhance the strength and durability of concrete. In addition to all of the other measures taken to prevent concrete from cracking, steel offers a low cost last line of defense.

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Room Additions – Start with an Interior Design

Posted on October 2, 2003 by Tim Carter

DEAR TIM: My wife and I recently had a large room addition project completed. We spent months with an architect developing the plans. Now that we are moving into the space, the furniture layout seems cramped and the floor plan is awkward. What did we do wrong? S. S.

DEAR S. S.: The description of your planning meetings tells me that you "forced the plan." This is a very common occurrence. I have seen it happen more often than not.

"Forcing the plan" can happen very easily. This concept describes what happens when you draw a shape for a room or several rooms and then decide what will happen within the room or rooms. I frequently refer to it as working from the outside in. Proceeding with plans in this fashion can be a recipe for disaster.

It is very common for some architects or homeowners to start their planning with a certain size room on a piece of paper. The planning then progresses through stages to see what will fit in this room. Sometimes things are squeezed into the room. Doorways, hallways, closets, etc. can end up in strange places.

Some of the best plans for rooms, room additions, or homes are created when you decide to work from the inside and proceed to the outside. Simply put, decide what you want to do in the space and then put the walls and ceiling on your 'space' to protect it from the elements.

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Many design schools have specialized programs for individuals who specialize in this type of work. They are called interior designers. These individuals have specific training which allows them to comfortably place furniture and other fixtures in such a way as to maximize function and minimize the space necessary to achieve this function. They are not to be confused with interior decorators.

The training for architects, on the other hand, tends to be oriented more towards exterior design, scale, and form. They often receive specialized schooling with respect to various types of building materials and how the use of these materials can influence the way a structure will look. Many architects are exposed to interior design, but not to the degree of an interior designer.

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Depending upon how complex a project is, it may become necessary to have an interior designer work in conjunction with an architect. Their talents can be blended and the end result can be spectacular. Projects that are not complex may require a minimal amount of time spent with an interior designer.

The design process should generally start with the architect. This individual is knowledgeable concerning zoning laws and setback requirements. It usually is a good idea to obtain from the architect a simple site plan that indicates the limits to which the room addition or home can extend on the lot.

Then take this simple plan to the interior designer. Allow the designer to develop a preliminary drawing. At this point you should be able to turn the bulk of the work over to the architect.

Periodically allow the interior designer to do a quick check of the plans as they become more and more refined. This may seem like an enormous amount of work, but you will be rewarded with a dramatic and functional project.

Remember, the entire concept of this process is based upon working from the inside out. You must try to create a workable plan which provides you with the necessary space to do everything you wish to do. Add your exterior walls and roof only after you are satisfied that the plan will in fact work. Don't fall into the trap of starting with an empty room.

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Roof Flashing Leaks

Posted on October 2, 2003 by Tim Carter

Roof Flashing Leaks

DEAR TIM: My house was recently reshingled. However, leaks are present near a chimney and where a lower roof meets a second story wall. I was able to get up on the roof and look around. The metal work around the chimney and along the wall was not replaced. It is old and rusty. However, I discovered fresh silicone caulk in and around this metal work. Was the caulk installed incorrectly? J. W.

DEAR J. W.: YES! The caulk was installed incorrectly. It should have never been used in the first place! Caulk is not a substitute for roof metal work or flashings.

Roofing shingles are a fantastic product. Many of them are easy to install so as to create a leak proof covering in normal weather conditions. When installed properly, they shed water just as the feathers on the back of a duck. This system works great as long as you have nothing sticking through your roof.

However, almost every roof has something sticking through it. Chimneys, plumbing vent stacks, skylights, roof vents, exhaust fans, walls, etc. are examples. Whenever objects like these penetrate a roof surface, you must install metal flashings along with the shingles to create a leak proof situation. This technology has been in use for hundreds of years. It is time tested.

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These flashings are almost always two part systems. They are called different things in different parts of the country. In most instances, the system consists of a base or step flashing which can be 'laced' into each shingle layer and a counter flashing which covers the base or step flashing. The flashings can be made from tin coated steel (terne), galvanized steel, copper, lead, or any other metal which can be easily soldered, brazed, or welded.

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There are several reasons why these flashings need to be a two part system. One of the reasons has to do with your question. Roofs, as well as houses, have a great tendency to expand and contract due to seasonal moisture differences and temperature differences. However, the things that stick through roofs do not always expand or contract at the same rate. Some thing barely move at all (chimneys).

This expansion and contraction must be allowed to occur without creating the potential for a roof leak. The two part flashing system allows this to happen. The one part of the system moves with the roof and framing, while the other part of the flashing stays attached to the chimney, side wall, skylight, or other part which is stationary or moving at a different rate.

The caulk, which was used in an attempt to seal the rusted flashing, does not have the ability to handle the movements which occur on a regular basis. More often than not, the caulk will not be able to bridge the cracks that develop.

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Remember how I mentioned that the technology has been around for hundreds of years? Professional roofers have never depended upon caulk in the past. They instead solder or braze the joints in their metal work. This method attaches the metal together so it acts as one piece.

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Caulk, on the other hand, relies strictly on its ability to stick to something. If that 'something' is dirty, oily, dusty, rusty, or expands and contracts a great deal the caulk may have trouble holding on. You can depend on solder.

Call your roofer back and have new flashings installed that are soldered.

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Are There Dispute Resolution Alternatives

Posted on October 2, 2003 by Tim Carter

DEAR TIM: I became involved in a dispute with my contractor. To make a long story short, we ended up in a court battle which lasted two years and cost thousands of dollars in attorney's fees. The case was not settled to my complete satisfaction. Can you suggest any other ways to settle disputes? Is there a way to make both parties agreeable to an alternative method? J. M.

DEAR J. M.: Court battles can be an extremely distasteful situation. Often the parties involved in the dispute fail to recognize historical facts concerning many court battles. Rarely does either party 'win'. Generally speaking, court battles become blood baths.

They almost always are long and drawn out and the financial costs can be overwhelming. Fortunately, there are several other methods that can be used to resolve a dispute.

Simple negotiation between the parties is frequently considered to be the first step in dispute resolution. Using this method, both parties should try to calmly discuss a solution to the problem. Often, the parties may employ attorneys to negotiate. However, it is not necessary.

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The parties should realize that the negotiations which occur at this level are often the exact same negotiations that occur just before going to a full blown trial. Realizing this, the parties can save months of time and huge sums of money to arrive at the same destination.

In the event that negotiating fails, the next level of dispute resolution is mediation. Mediation is usually conducted in a private, informal setting. A disinterested, knowledgeable third party should be chosen by the parties to mediate the dispute. This person does not try to say who is right and who is wrong.

He or she attempts to convince each party that the dispute will eventually have to be resolved. A mediator usually tries to offer suggestions as to how the dispute can be solved fairly. For the most part, mediators have no power to invoke a decision. They simply try to get the parties to settle.

Another method of dispute settlement is arbitration. Arbitration can be either binding or non-binding, depending upon what the parties agree to do. It is a more formal method of dispute resolution. It many ways it resembles a typical court case.

The individuals who are arbitrators often have been trained and often have experience in the situation which is being disputed. There are nationwide and local associations who perform arbitrations. Many local Better Business Bureaus also offer arbitration services to their members.

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A rarely used form of dispute resolution is that of private judging. This method is actually quite simple. The parties agree to employ a retired judge to make a decision regarding the dispute. It is a formal proceeding similar to a regular court trial.

Often the parties agree that the decision of the judge will be final. This method is attractive in some respects, simply because it takes much less time than a regular court case. Also, as long as the parties agree to a binding decision, neither party can appeal the decision.

The key to dispute resolution is to avoid it in the first place. Make sure that you have a very clear and concise contract before starting your job. Include in your contract specific language which addresses how you will settle a dispute.

Because disputes often cause people to polarize and become less likely to agree on anything, choosing a method of dispute resolution before it happens makes sense. Be sure to check with a competent contract attorney to make sure that this type of language and dispute resolution is permitted in your state. Good luck!

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