Construction Disputes Mediation and Arbitration

California Construction Disputes Mediation and Arbitration

Key players in the construction industry and their attorneys typically have a strong interest in achieving justice while containing or preventing litigation costs when disputes arise. Call or e-mail attorney Steven Cohen of Cohen & Associates to schedule a consultation regarding construction disputes Mediation and Arbitration for matters such as the following:

  • Breach of contract
  • Failure to perform
  • Construction delays
  • Design specifications
  • Negligent supervision of construction by architectural firms
  • Errors and omissions by consultants hired by design firms
  • Failure to conform to applicable building codes
  • Workmanship standards
  • Building Code compliance

Often, when an injury or loss occurs, a construction dispute goes beyond the owner and contractor to include other parties. A contractor may claim that a structural failure occurred because of a defective design. In turn, a design engineer may claim that the structural failure was a result of defective construction. Add questions of timing to the mix and a dispute can result in costly litigation.

Construction contracts often stipulate the use of arbitration in the event of disputes that may arise. When mediation is an option, as mediator I am prepared to adapt my style to the needs and wishes of clients and their counsel, as follows:

  • Facilitative style: With this approach, I as mediator will not insert my own opinion into the construction dispute but rather, help opponents to arrive a mutually beneficial outcome. I will work to ensure that the resulting solution is based on clients' own issues, properly considered, weighed and balanced.
  • Evaluative style: In this case, I will give advisory opinions to help the parties come to an agreement in a construction dispute.
  • Combination: When parties are represented by counsel, a hybrid facilitative/evaluative style may be preferred.

Call or e-mail the law offices of Cohen & Associates to schedule a consultation with an attorney-mediator and arbitrator with abundant experience in construction dispute resolution.