Contract Litigation, Mediation, Arbitration
A dispute can arise suddenly and without warning in any construction project despite the existence of detailed schedules and expertly-drafted contracts. When such a dispute does arise, the key to quickly resolving the dispute and keeping your project running on time and on budget is the prompt retention of experienced construction dispute resolution counsel.
How are California Construction Disputes Resolved?
Litigation in court (wherein a judge or jury renders a verdict) is but one way in which a construction dispute can be resolved. Trials are expensive and time-consuming: it may be months (or even years) before your case can be heard and decided by a court. In the meantime, the dispute may have caused your project to grind to a halt. It is important, therefore, to seek representation from a resourceful construction dispute resolution attorney who is able to explore other avenue of successfully resolving your disputes.
Mediation may be an inexpensive option where you and the other party to the dispute believe you may be able to reach an agreement to resolve your dispute but need assistance from a disinterested third-party in crafting the agreement. A mediator will assist the parties in creating a mutually-agreeable resolution to their dispute, but neither party is under any obligation to reach an agreement if the proposed terms are not satisfactory (once an agreement is signed by all parties, however, those parties are bound to the terms of the agreement).
Arbitration is another alternative to litigation. In arbitration, a neutral and detached third party is selected to act as the arbitrator. The parties each present the testimony and evidence that supports their legal positions to the arbitrator in a modified trial (modified in that formal rules of evidence and other legal procedures are often set aside so that evidence can be presented and considered quickly). The arbitrator considers the evidence and renders a “verdict” that resolves the dispute and becomes binding on the parties. The losing party may have a right to appeal the decision of the arbitrator to a court.
Regardless of whether you decide to resolve your dispute through mediation, arbitration, or litigation, you can best protect your legal rights and interests and increase your chances of obtaining a favorable outcome in your construction dispute by seeking legal counsel from a skilled construction dispute attorney.
This article was originally published on jgpc.com.