What is construction law?

The term “construction law” can mean many things. Experienced construction lawyers regularly deal with matters related to construction contracts, real estate transactions, surety bonds, lien claims, construction defect claims, architect and engineering design defect claims and local building code requirements.  Construction law touches everyone related to the construction industry, including developers, general contractors, subcontractors, surveyors, architects, engineers, building produce manufacturers and suppliers, inspectors and lenders.

Why do I need a construction lawyer?

It is important for you to be able to rely on a lawyer who is well-versed in construction law for your legal needs in the construction industry. A lawyer who is experienced in the multitude of standard construction contracts can be of great help in negotiating the issues that are critical to your success in any construction project.  Should problems arise during a project, your lawyer should be able to quickly understand the issue, whether it be a delay claim, objections to a change order, pay application requirements, workmanship and warranty claims or any other problem that are typical to the industry.

What is arbitration?

Arbitration is a form of dispute resolution other than having your case tried at the courthouse. Arbitration is a private determination of your dispute heard by an independent third party arbitrator. Typically, in construction contracts, the parties may agree to arbitration as the preferred method of dispute resolution. As such, any disputes between the parties to the contract will be heard and decided by an arbitrator experienced in construction matters.

 

What is mediation?

Unlike arbitration, mediation does not involve a ruling as to who wins and who loses. Rather, mediation is typically a one day process where the parties to a dispute work with a neutral third party, the mediator, to try to resolve the dispute. The role of the mediator is to try to find common ground so that that matter may be resolved in a way that allows the parties to bring closure, certainty and finality. The mediator will help the parties understand the weaknesses of their own case and the strength of their opponents’ case. The mediator may also offer creative solutions to assist the parties in resolving their dispute.

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