Arbitration Attorney in Los Angeles, California

Construction is a multibillion-dollar industry in California. With so many construction-related companies working with thousands of clients, it’s easy to see how contract disputes may arise. 

Contracts are designed to protect construction businesses and their clients. They commit agreements into writing and, in theory, put all parties involved on the same proverbial page. That is, until someone fails to hold up their part of the bargain or alleges another party has.   

At Builders Law Group, Inc., we are construction law attorneys representing builders, architects, contractors, realtors, developers, and others in the industry in Los Angeles, California, and throughout Orange, Riverside, Ventura, San Diego, and San Bernardino counties. When contracts are called into question, turn to us for experienced legal representation.   

What Is Arbitration? 

Arbitration is an alternative dispute resolution process, designed to resolve disputes without going to court. Filing lawsuits can be expensive, time-consuming, and extremely public. Moreover, judges as well as juries, can be unpredictable. This is why many contracts contain clauses that require parties to enter arbitration rather than setting foot in a courtroom.   

However, arbitration is not completely unlike court, where people are questioned and cross-examined. A neutral and qualified arbitrator hears evidence presented by all parties, determines the facts of the case, applies the law, and renders a decision regarding an award. That decision on the matter may be binding, meaning all parties agree in advance to accept the arbitrator’s decision. Or, the decision may be non-binding, which allows the parties to pursue litigation if they are dissatisfied with it.   

Arbitration should also not be confused with mediation, which is another type of alternative dispute resolution. In mediation, a neutral mediator works with the parties to help them reach an agreement through compromise. In arbitration, the parties make their respective cases, but the arbitrator decides the outcome.    

Arbitration is used in construction disputes, such as when a contractor is accused of failing to deliver as promised or a client fails to pay for services rendered. It is also frequently used in disputes involving employment, credit and loans, and the exercise of authority.   

Are There Types of Arbitration? 

There are two types of arbitration, judicial & non-judicial construction arbitration. In judicial arbitration, the arbitrator’s award is non-binding. If the parties agree with the decision, the award becomes a court judgment, enforceable as is any other judgment issued by a court. If a party disagrees with the award, they have the right to file for a new trial, this time before a judge.   

Non-judicial arbitration does not occur through the courts. It is handled privately by the arbitrator and among the parties. The decision of the arbitrator may be binding or non-binding, as determined by the parties prior to beginning arbitration.   

Regardless of whether arbitration is judicial or non-judicial, binding or non-binding, it benefits you to be represented by an arbitration attorney who has experience with construction law. This isn’t just any industry. It is complex, complicated, and often involves a significant sum of money. At Builders Law Group, Inc., we know what may be at stake.   

What Are Some Instances When Arbitration Is Necessary? 

The arbitration vs. construction litigation debate is sometimes at issue. This occurs in cases where parties agreed to arbitration as the sole means of resolving contract disputes. However, this alternative dispute resolution can be an advantageous way to resolve them in less time, money, and emotion, and with far more discretion. Moreover, arbitration can limit or exclude the possibility of court appeals.  

For example, if you are a property developer for a multi-family residential construction project and homeowners allege poor craftsmanship, you can use arbitration to handle all claimants at once and avoid the need to present your defense to a jury.    

Or, if a subcontractor on a building project fails to deliver on the specifications of work agreed to in a contract, you may be able to resolve the issue and get the project back on track far more quickly than suing the subcontractor for breach of contract.   

How Can an Attorney Help? 

Your attorney can make sure you gather the proper evidence, cross-examine witnesses, and ensure that the arbitrator does, indeed, apply the laws to the case. Your attorney can provide guidance regarding whether you should commit to binding arbitration and whether you should appeal any arbitration award. Your attorney’s job is to protect your interests throughout the entire process.