Construction projects are complex and often have many professionals involved including suppliers, contractors, engineers, and the owner(s) — just to name a few. With so many people, regulations, and deadlines, there are bound to be disagreements. When a conflict becomes serious, it’s time to turn to an experienced Wichita construction dispute attorney.
Options a Wichita Construction Dispute Lawyer Can Provide
Your circumstances will help decide which method of dispute resolution is best for you. Before you sign a contract, a construction lawyer can review the legal document and ensure it provides clear options for resolution in case a conflict arises. If you’re already involved in a contract, it may clearly state which type of resolution will be used should conflict arise. While litigation often comes to mind, there may be an option to use alternative dispute resolution (ADR).
Mediation is a cost-effective dispute resolution method that can be used to preserve business relationships when conflict threatens to derail your project. A mediator leads both parties through a series of discussions intended to reach a mutually agreeable outcome. A feature unique to mediation is the extensive amount of control the participants have over the outcome. That can be a positive feature, but it also means that the parties involved must work together and agree on an outcome. If the parties can’t agree, a more stringent form of ADR may be necessary to move past the dispute.
If your situation requires a third party to decide the outcome, arbitration may be the right option for you. Both parties present their argument to the arbitrator or an arbitration panel as an alternative to a traditional judge and jury. Depending on the terms of the arbitration set forth before the process begins, the results can be binding or may be appealed.
Unfortunately, not all disputes can be settled out of court. If you enter litigation, you need strong representation from someone who understands your industry. Litigation can be useful when a dispute requires an aggressive approach. The parties involved in litigation do not get to decide how their dispute is settled. Instead, the judge makes a binding ruling that the parties will have to accept.
Who We Serve
Cotney Construction Law is dedicated to representing construction industry professionals. We commonly serve contractors, subcontractors, architects, engineers, and suppliers. The challenges our clients face are familiar to us — delayed payments, construction defects, disagreements with business partners — and we’re prepared to give our clients the legal counsel they need.
If you would like to speak with a Wichita construction dispute lawyer, please contact us today.
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.