California Construction Dispute Resolution Attorney

Construction disputes can delay projects, increase costs, and create significant legal and financial problems for the parties involved. This article explains three common methods for resolving California construction disputes, including mediation, arbitration, and litigation, and discusses why obtaining legal guidance early can help protect a party’s rights and keep a project moving forward. 

Key Takeaways

• Construction disputes can arise even when the parties have detailed written contracts.
• Mediation allows the parties to work with a neutral third party while retaining control over whether to accept a settlement.
• Arbitration allows a neutral arbitrator to hear the parties’ positions and issue a decision.
• Litigation may be necessary when other methods cannot resolve a construction dispute.
• Reviewing the construction contract and seeking legal guidance early can help determine which dispute resolution options are available.

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. At JGPC Law, our knowledgeable and talented California construction dispute resolution lawyers can help you resolve your dispute quickly so you are able to focus on keeping your project running smoothly.

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 avenues 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. However, when arbitration is binding, opportunities for a court to review or overturn the arbitrator’s decision are generally limited. 

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.

Contact JGPC Law for Assistance with Your Construction Dispute 

JGPC Law is a California-based law firm staffed with dispute resolution attorneys who have experience successfully resolving construction disputes. The sooner you contact us, the sooner we can assist you in getting your construction project back on track. We assist clients throughout California, including clients in Pleasanton, San Leandro, Oakland, Danville, Fremont, Walnut Creek, and/or Livermore. Call our office at (925) 463-9600 or contact us through our website and learn how JGPC Law can help you move forward with your construction project.

Frequently Asked Questions

What are the most common ways to resolve a California construction dispute?

Construction disputes may be resolved through direct negotiation, mediation, arbitration, or litigation. The appropriate method depends on the contract, the nature of the disagreement, the parties involved, and the remedies being sought.

What is the difference between mediation and arbitration?

A mediator helps the parties negotiate a voluntary settlement but generally does not decide the dispute for them. In arbitration, the parties present their positions to an arbitrator who makes a decision. Depending on the applicable agreement or program, that decision may be binding.

Can a construction contract require arbitration?

Construction contracts may contain arbitration provisions requiring certain disputes to be resolved outside court. The language and enforceability of the provision should be reviewed carefully when a dispute develops.

Can an arbitration award be appealed?

Review of a binding arbitration award is generally much more limited than an appeal of a court judgment. California law provides specific grounds under which a court may potentially vacate or correct an arbitration award.

Are there deadlines for taking action in a California construction dispute?

Yes. Different claims and remedies can have different statutes of limitation, notice requirements, and filing deadlines. Mechanics liens and certain other construction remedies can involve particularly strict procedural requirements, making prompt action important.

The content presented in this article is for general informational purposes only. It is not, nor is it intended to be, legal advice. It does not constitute the formation of an attorney-client relationship. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.