What is general litigation in construction?

Construction litigation attorneys, sometimes referred to as construction litigators or trial lawyers represent contractors, subcontractors, suppliers and other construction professionals in legal matters such as breaches of contract, construction defects and delays, construction liens, bond claims, contract disputes,

How do construction contracts cause litigation?

What do most causes of construction litigation involve? Breaking contractual obligations. Contracts outline what’s promised between two parties during a project. If the end result isn’t as stated in the contract (or something on the project goes awry), the affected party may make a legal claim for breach of contract.

What is construction disputes?

A construction dispute can be the outcome of various factors. Delays in the project, lack of precision on the way tasks are described, failure of compliance with the pre-set project standards, and exceeding cost are some of the reasons behind a project dispute in construction.

What is construction arbitration?

Arbitration is a private, contractual form of dispute resolution. It provides for the determination of disputes by a third party arbitrator or arbitration panel, selected by the parties to the dispute.

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How long does construction litigation take?

It can last between 12 – 18 months. Potentially longer time period to obtain a judgment. Proceedings are generally conducted in public.

What are the most common causes of construction disputes?

What are the most common causes of construction disputes?

  1. Contract errors or omissions. The biggest reason for construction disputes is one that can be perhaps most easily avoided.
  2. Differing site conditions.
  3. Noncompliance of contractual obligations.
  4. Failing to correctly administer the contract.
  5. Claims errors.

What are the common types of disputes in building contracts?

A lot of researchers have come up several lists of the most common causes of disputes; Hellard has systemized them in 5 main causes: 1) the contract conditions, 2) the design deficiency, 3) the construction process, 4) the consumer reaction, 5) time (Hellard, 1987).

Why do construction disputes occur?

Disputes frequently arise in respect of delays and who should bear the responsibility for them. Most construction contracts make provision for extending the time for completion. The sole reason for this is that the owner can keep alive any rights to delay damages recoverable from the contractor.

What is a disadvantage of arbitration?

Finality: The end of the dispute. For binding arbitration, there are limited opportunities for appeal. That gives finality to the arbitration that is not often available with a trial decision, which maybe subject to appeals, new trials and further appeals.

What are the pros and cons of construction arbitration?

Following are the top 10 pros and cons of mandatory arbitration.

  • COSTS. Pro: Unlike court litigation, it’s not necessary to hire a lawyer to pursue a claim in arbitration.
  • TiME.
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Do both parties have to agree to arbitration?

Arbitration is way for two parties to resolve disputes outside of the courthouse. In most cases, arbitration is a voluntary process. In other words, both parties must agree to arbitrate their dispute – one party cannot be “forced” into it.

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