March 17, 2021

Insights and articles written by our team

Four methods for resolving construction disputes

Just like any other type of business in California, construction disputes can arise between property owners, contractors and subcontractors. Construction disputes can be costly and time consuming. However, there are several methods for resolving a construction dispute in a way that is acceptable to all involved. Negotiating a resolution before the dispute begins Sometimes it is possible to agree to a dispute resolution method before one arises. The parties to the construction contract may be able to negotiate an agreement prior to beginning work that if a dispute arises, the parties will try to reach a resolution between themselves before turning to other forms of relief. Mediating a dispute One form of alternative dispute resolution is mediation. The mediator is a neutral third party who facilitates discussions between the parties to the dispute as they work together to reach a satisfactory resolution. Mediation is not legally binding, but it can save time and money, as well as preserve a relationship that would otherwise deteriorate. Arbitrating a dispute Unlike a mediator, an arbitrator is a decision-maker. Arbitration is similar to a trial, but with different rules and requirements. In general, each side to the dispute will provide documents and facts to

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