Conflict is an inevitable part of the construction industry. When you consider how many different parties it takes to see a project from conception to completion, it is no wonder that disagreements are bound to rear their head.
Whether you’re a contractor or subcontractor, an engineer or architect, a manager or crew member, you might find yourself facing a dispute. When this occurs, you will need one of our Houston construction dispute attorneys on your side.
Alternative Dispute Resolution (ADR)
Many times, a case doesn’t need to become a full-fledged lawsuit. Alternative dispute resolution, also known as ADR, is a common way of finding a solution without the time, stress, and cost associated with taking things to court.
The two main types of ADR are mediation and arbitration.
Solving a conflict by using this non-binding form of alternative dispute resolution can help keep things simple and relatively stress free on both sides.
The two parties meet with a mediator, who helps steer them in the direction of a mutually beneficial resolution. Pros of mediation include that it is typically less expensive and that the two parties are more likely to be able to continue their working relationship.
Of course, not every case can be solved by mediation; some disputes require further action. This could be in the form of an arbitration, which is more structured than mediation and can become more adversarial.
Though arbitration could be seen as the next “level up” from mediation, it is typically still less expensive and time-consuming than litigation.
In this form of ADR, the arbitrator or panel of arbitrators is presented with the facts and makes a binding decision. Arbitrators are usually neutral third-party attorneys or retired judges.
Sometimes construction disputes require getting more aggressive. When the two parties are unable to reach a solution through a form of ADR, it’s time to pursue litigation.
Litigation involves more phases than what people typically think about when they think “lawsuit.” Your Houston construction dispute attorney will manage the entire timeline from the investigation phase through the settlement phase (and the appeal if needed).
Houston Construction Dispute Attorneys Who Go the Extra Mile
One of the things that sets Cotney apart from the rest is our real-world experience. Not only were our attorneys educated at esteemed universities and law schools, but they actually have backgrounds in construction. From former roofing professionals to former supply house distributors to former overseas manufacturers of construction products, our attorneys know the construction industry from working in it—not just reading about it.
If you would like to speak with one of our Houston construction dispute attorneys, please submit our contact request form.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.