In the construction industry, disagreements will happen. Oftentimes, these disagreements can be ironed out smoothly between contracting parties. At other times, disagreements progress to full-blown disputes that require the intervening of a legal expert.
A Dispute Resolution Clause
Due to the litigious nature of the construction industry, contractual parties should have a dispute resolution provision drafted into their contracts. If you need assistance drafting this type of clause into your contract, contact a Boca Raton construction dispute attorney to get started. A dispute resolution clause will identify the method the parties will use to resolve any disputes that may arise. Parties can elect to handle their disputes in tiers. Usually, parties will agree to use mediation or arbitration to settle disputes.
Alternative Dispute Resolution Options
Construction disputes can be resolved in different ways. The first and most common is through alternative dispute resolution (ADR). The first method is known as mediation and the second is known as arbitration. We’ll discuss them below:
Most disputes are successfully resolved through mediation. Mediation is an ADR where two or more conflicting parties meet and discuss their conflict with a mediator who listens and guides them to a mutually satisfying agreement. Although a mediator is present, the contractual parties make the final decision. Mediation is favorable because it’s quicker, cheaper, and parties control the final outcome.
Arbitration is also an ADR where two or more parties meet with an arbitrator to settle a dispute. With this method, a binding decision is made by the arbitrator. Arbitration can be less expensive and less time-consuming than a litigation but sometimes can take just as long and cost just as much depending on the case. However, arbitration is still the preferred method if you want your case to remain private, more flexible, and less formal.
Litigation: A More Aggressive Approach
When parties have tried mediation or arbitration with no solution to their issue, the next step would be litigation. Litigation is a more aggressive approach to settling disputes. Parties will present their case before a judge or jury in court who will then issue a final binding agreement.
Rely on a Boca Raton Construction Dispute Lawyer
Conflicts happens but how you handle the conflict is what determines your success. Our construction dispute attorneys have extensive experience resolving disputes for general contractors, subcontractors, suppliers, and other professionals in the industry. We solve issues that involve payments, liens, defects, delays, order changes, design errors, negligence, and other issues that require the involvement of a dispute attorney.
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.