Construction Dispute Resolution
Construction disputes arise for a variety of reasons including disagreements on contract details, non-payment, project deadlines, work conditions, claims of injury, and scope of work. There are many ways to find resolutions to disputes arising between contracting parties. Many times, these disputes can be resolved with different forms of alternative dispute resolution, but construction litigation may become necessary.
Construction litigation is an area of construction dispute resolution which involves legal disputes between two or more contracting parties. When disputing parties are unable or unwilling to come to an amicable resolution, the dispute may be presented in the court of law before a judge or jury. The judge or jury will hear both sides of the case and make a decision based upon the details and evidence presented during litigation. Because construction litigation can be a very costly and time-consuming process for all individuals involved, it is always recommended as a last resort for the resolution of disputes.
Alternatives to Construction Litigation
Due to the lengthy and costly process of construction litigation, many construction contracts are subject to clauses that enable disputing parties to seek alternative forms of dispute resolution. There are many advantages to alternative dispute resolution over litigation. Some of these benefits include quicker process time, lower costs, and more decisive power and control. Two of the most common types of alternative dispute resolution are construction mediation and construction arbitration.
During construction arbitration, disputing parties will present their arguments to an unaffiliated, independent third party, also known as an arbitrator who after hearing both sides and with careful consideration will make a decision on the dispute. The decision that is made by the arbitrator is legally binding for both parties. Construction arbitration is often preferred over litigation because construction arbitrators are usually more familiar with the technicalities of the construction industry. If faced with a dispute, we suggest seeking the counsel of an experienced Clearwater construction litigation attorney. An experienced attorney will be better suited and equipped to handle your unique case.
Construction mediation is very similar to construction arbitration. One key difference between construction arbitration and mediation it that disputing parties are able to work together with a trained mediator to come to an amicable solution. Unlike the arbitration process, a mediator does not hold the authority to review and make a binding decisions related to disputes. Instead, a mediator will promote discussions between the disputing parties in an attempt to resolve the issue. After the disputing parties have come to an agreement, a Memorandum of Understanding must be drawn up and signed by both parties for the settlement to be legally binding.
Construction Litigation Attorney in Clearwater
As a Clearwater construction litigation attorney, Trent Cotney and his highly skilled team have handled numerous construction litigation, arbitration and mediation cases for disputes that arise between owners, general contractors, subcontractors, engineers, developers, and architects.
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.