The Brandon contractor lawyers from Cotney Construction Law are a trusted name in Florida construction law and excel in serving construction professionals. Our contractor lawyers in Brandon are well known for superior construction litigation and arbitration expertise, and have been involved with construction disputes resulting from non-payment, project abandonment, fraud, and many other factors. While more and more disputing parties are choosing arbitration over litigation, this is not the right choice for every situation. This choice requires thoughtful consideration, which can be gained from legal insight from a team who understands the advantages and disadvantages of each method.
Construction Litigation versus Arbitration
One of the greatest advantages of choosing arbitration over litigation is a matter of time. Getting your civil case in front of a judge can take a significant amount of time, and if appeals are made after the initial ruling, your case could stay wrapped up in the court system for years. Arbitration on the contrary, can be organized quickly, with judgments handed down without delay. Arbitration also avoids an exhaustive appeals process that can slow down monetary distribution to the appropriate party.
When it comes to cost, there is no clear winner between litigation and arbitration. Dependent on the complexity of your case, both options may come with significant cost. To determine which direction is best, discuss each option with your attorney to see which choice makes the most financial sense to resolve your construction dispute.
3. Public Image
A hearing cannot be hidden from public or media view, so if confidentiality should be maintained about the dispute or the private details of the project, arbitration is often a better alternative. Additionally, arbitration is a bit more laid back in nature, as opposed to traditional court hearings, so it can also assist in protecting professional relationships.
4. Legal Rights
When presenting your case in front of a judicial court room, you have the law on your side. There is no grey area, and what is within the federal, state, and local laws, previous rulings, and evidence will determine the outcome. With arbitration, this is often not the case. Arbitrators are not required to make final rulings based on these factors. They have the ability to use their judgement on the facts presented to make a decision. Also, without the opportunity to appeal the decision, rulings handed down by arbitrators are often final.
When it comes to deciding if arbitration or litigation is right for your construction dispute, it is best to consult with an experienced contractor lawyer in Brandon, who can look at the specific details of your case and determine which option is right for your firm.
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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.