Knowing the Difference Between Construction Litigation and Construction Arbitration
Every day, hundreds of construction contracts are signed throughout the State of Florida. Every so often, disputes regarding these contracts will arise. Sometimes these disputes can be resolved through arbitration, while other times the parties are not willing to or are unable to come to an agreement, and eventually their cases end up in litigation. Making sure these disputes are reconciled with minimal additional costs is crucial to the success of many construction service providers. Two of the most common sources of reconciliation for these types of disputes are construction litigation and construction arbitration.
Construction litigation is an area of construction law that involves legal disputes between two or more involved parties. Often, if the disputing parties cannot reconcile their differences by coming to an agreement or negotiation, the dispute can be tried in court and decided by a judge or jury. In the construction litigation process there is a plaintiff, or a person or party claiming a charge, and there is a defendant, or the person or party who has had the charge brought upon them. Litigation should be considered a last resort to resolving disputes. An alternative solution to construction litigation would be construction arbitration.
Construction arbitration is a binding, adjudicatory form of alternative dispute resolution in which a third party not affiliated with either party of the construction agreement is sought to review the case and impose a decision. The outcome of the review by the third party, or more commonly known as an arbitrator, is legally binding for both sides of the dispute.
Tampa Construction Litigation and Arbitration Lawyer
As a Tampa construction arbitration and construction litigation attorney, Trent Cotney has handled numerous construction arbitration and litigation cases in Tampa and throughout the State of Florida for disputes between owners, general contractors, subcontractors, engineers, developers, and architects.
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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.