One the most unfortunate parts of the construction industry is the presence of conflict. It’s hard to avoid it 100 percent of the time. Site owners and general contractors may have disagreements over contract details, change orders, non-payment, the scope of work, or working conditions, among many other items. From a project standpoint, it’s important to have measures in place to resolve disputes quickly and effectively. From a personal standpoint, you need to ensure that your interests are protected.
Approaches to Dispute Resolution
Most construction contracts have provisions for how disputes should be handled when they arise. Despite that, there isn’t a “best” way to deal with all disputes. Your contract may call for conflicts to go to arbitration before litigation, but it doesn’t guarantee that arbitration is the best method for your particular situation. Here’s a brief description of arbitration and litigation.
Arbitration: In arbitration, an arbitrator or panel, typically with a great deal of industry knowledge, will hear both sides of the dispute and make a decision from there. The decision that is made by the arbitrator is legally binding for both parties. Arbitration has much fewer formalities than litigation. It’s also quicker and less expensive. While not required, a Birmingham construction arbitration lawyer can guide you through the process and makes sure that your arguments are clearly represented.
Litigation: Certain disputes are difficult to resolve via alternate dispute resolution. Whether it be the severity of the dispute (claims, fraud, or non-payment) or personal issues, certain conflicts are better suited for litigation. In litigation, a judge will view the cases from both sides of the conflict, view evidence, listen to interviews, and make a ruling. In the case of litigation, having a Birmingham construction litigation attorney is critical.
A Birmingham Construction Litigation Attorney From Cotney Construction Law
At Cotney Construction Law, we have over 15 years of experience representing countless companies in construction disputes. Whether it’s enforcing a lien, defending a claim or other conflicts that can arise on the job site, we provide you with thorough representation based on expert knowledge. We are also adept at preventing conflicts through drafting and reviewing contracts.
If you are in need of a professional construction law firm, please submit our contact request form for more information.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.