The tenth annual Arcadis Global Construction Disputes Report found that the value, duration, and volume of construction disputes all increased over the past year in North America. These disputes were caused by a number of factors, including but not limited to failure to comply with contractual obligations, errors/omissions in the contract document, poorly drafted claims, and unrealistic contract duration or completion date. Among other things, these findings reiterate the need for all parties involved in a construction project to acquire strategies to avoid, mitigate, and resolve disputes. For a legal ally who will fight for the best possible outcome for you, your company, and your construction project, consult a Dallas construction dispute attorney with Cotney Law.
The Dispute Resolution Services Provided By a Dallas Construction Dispute Lawyer
Prior to project commencement, our attorneys regularly work with contractors to negotiate, draft, and review contracts that all parties are able to understand and comply with. However, in the event that you are already involved in a dispute, we offer dispute resolution services specifically tailored to the needs of construction professionals for virtually any type of construction dispute. Below, you’ll find three types of dispute resolution services provided by a Dallas construction dispute lawyer.
Our first approach to settling your dispute will always be alternative dispute resolution (ADR) methods, such as mediation and arbitration. Generally speaking, these methods are more cost-effective and time-effective at resolving disputes. Mediation is often the first resort, even over arbitration, in resolving disputes because it allows disputing parties to reach a mutually agreeable resolution by way of a discussion, preserve lucrative business relationships, and prevent significant delays in the project timeline.
Should the disputing parties feel as they could benefit from a legally-binding solution, our next recommendation will be to move forward with arbitration. This method is somewhat like a mini trial in which a private judge, or arbitrator, is brought in to hear both sides of the dispute, review relevant evidence, and make a final, legally-binding decision. Arbitration is often preferable over litigation, despite their similarities, because it allows the matter to be resolved in a significantly more private, cost-effective, and time-effective manner. A Dallas construction dispute attorney can represent you during this process, as they would in litigation, to ensure you achieve the most favorable outcome.
Although we will always prefer to attempt to resolve your dispute first through arbitration or mediation, we also recognize that not all disputes can be resolved through methods of alternative dispute resolution. Should your dispute necessitate a courtroom battle, we will be more than happy to see your dispute through the entire litigation process from the moment a lawsuit is filed to long after the final verdict is reached. A Dallas construction dispute lawyer will present your case in court, review evidence, call witnesses to the stand, and provide opening and closing statements. Should you not reach your preferred outcome, we will also move to draft post-trial motions, gather more evidence, and appeal the case.
If you would like to speak with a Dallas construction dispute attorney, please contact us today.
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.