When you undergo a major construction project in San Diego you will set numerous important goals related to your business. These goals can be undermined, however, when a construction dispute arises between you as the business owner and the contractor overseeing the project. When this happens you have three general options for resolving your construction dispute in a manner that protects your project goals.
Option one: Mediation
As a starting point you may want to try mediating your dispute. Mediation can be formal or informal. It is overseen by a neutral third-party mediator. The mediator is not a decision maker. Rather, the mediator facilitates the conversation between the parties as they attempt to negotiate a settlement to their dispute. You can be represented by an attorney in the mediation process, which can help ensure your rights are protected as well as present compelling information in your favor. Moreover, through mediation you as the business owner may have some insight on what the contractor will bring to the table should your dispute ultimately be litigated.
Option two: Arbitration
If mediation fails to resolve your construction dispute, the next remedy you may want to attempt is arbitration. Arbitration is more formal than mediation but less formal than litigation and will lead to a binding decision. If you choose arbitration, you can still conduct depositions and discovery. Like mediation, evidence presented in arbitration remains confidential; only the arbitrator’s final decision will be made public. You can be represented by an attorney should you choose arbitration. Keep in mind that arbitration can sometimes be as costly as litigation.
Option three: Litigation
While sometimes mediation or arbitration can be useful in resolving a construction dispute, other times it is better to litigate the issue. Litigation will result in a binding, enforceable judgment. Unlike arbitration, litigation proceedings are made part of the public record. That being said, a judge can take actions in your favor through litigation that an arbitrator cannot.
Learn more about business litigation
No matter how you decide to resolve your construction dispute, it is important to understand your rights and options so you can protect your project goals. Having legal representation can be key. Our firm’s webpage on business litigation may be of interest to those who want further information on this topic.