Most construction professionals that want to resolve a dispute with another party would prefer not to go through the stressful, expensive, and lengthy process of going to court. Fortunately, some forms of alternative dispute resolution (ADR) allow both parties the opportunity to present their case and come to a legally binding agreement. If you are involved in a construction dispute, consult an Indianapolis construction arbitration lawyer with Cotney Construction Law.
What Types of Cases Does an Indianapolis Construction Litigation Attorney Do?
Since 1999, the construction attorneys at Cotney Construction Law have been committed to representing construction businesses and professionals in litigation and arbitration hearings. Our attorneys have represented contractors, subcontractors, engineers, architects, developers, suppliers, manufacturers, and other professionals in a variety of disputes, including:
- Nonpayment disputes
- License defense
- OSHA defense
- Breach of contract cases
- Trademark applications and intellectual property disputes
- Employment law matters
- Negligent design and defective construction cases
- Claims of lien
- Performance bonds and payment issues
- Real property disputes
- Defamation claims
Although litigation matters are generally reserved as a last resort for resolving disputes, our attorneys are highly experienced and knowledgeable in construction litigation. If you have tried to resolve a dispute and the other party refuses to budge, consult an Indianapolis construction litigation attorney about the next steps to take to seek resolution.
The Benefits of Arbitration
In lieu of litigation, a construction attorney may recommend that their client pursue arbitration to resolve a claim. Arbitration is a method of resolving disputes that is legally binding but doesn’t require either side to go to court. It allows both parties to resolve their dispute through a more controlled and cost-effective medium. Here are some more advantages of the arbitration process:
- Select the Arbitrator: Both parties agree on the arbitrator that will make the legally binding decision for their dispute, so even before the process has begun, both parties are working together to create an impartial, fair system for deciding their issue.
- Accelerated Process: The final decision of an arbitration can be obtained much quicker than a trial’s verdict. In fact, most trial dates will not be set until at least a year after the date the suit is filed, whereas an arbitration hearing can begin once the two parties agree to the parameters of the hearing and the arbitrator.
- Cost-Effective: When you save time on the legal process, you save on the costly expenses associated with litigation. For arbitration, you will have some expenses (the arbitrator’s fee, attorney’s fees, travel expenses), but the process greatly reduces the billable hours associated with a lengthy litigation process.
- Private: Arbitrations are generally private procedures that allow both parties to present their argument and seek a resolution in confidentiality. This can also assist both parties with maintaining a partnership as their dispute is not public record and final.
- Legally Binding: Similar to litigation, the final decision in an arbitration proceeding is legally binding. This can help both parties seek closure for their issue as they have the opportunity to present their case and accept the final ruling.
If you would like to speak with an Indianapolis construction arbitration 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.