Arbitration for a construction dispute may at first seem like a welcome alternative to traditional litigation, avoiding the time and expense that often accompany a full trial. In reality, however, the stakes are no lower in disputes subject to arbitration. Additionally, while an arbitrator serves the same essential function as a judge, arbitration is effectively a one-shot deal: there only limited appeals of an arbitrator's binding decision.
Today, many construction contracts include binding arbitration agreements.
These remove some of the uncertainty when parties enter into legal agreements; they know going in that they will not have to endure years of litigation. At the same time, they raise the stakes because in the event of a dispute, the parties must hope they prevail before an arbitrator. These are among the reasons why having legal counsel from an attorney who is experienced in arbitration is vital in construction-related disputes.
At Hendershot, Cannon, Martin & Hisey, we have successfully represented contractors, subcontractors, property owners, developers, municipal utility districts, and other parties to construction projects throughout Texas. In addition to substantial trial experience, we are experienced in arbitration and know how to use the process to benefit our clients whenever possible.
Our attorneys are successful litigators as well as effective counsel in arbitration and mediation. We are more than lawyers. We are problem solvers. Call (713) 909-7323 or contact us online today.
The American Arbitration Association (AAA) is the body responsible for developing the policies and procedures that govern arbitration in the United States. Because of the popularity of arbitration clauses in many construction contracts today, the AAA has set forth specific guidelines for the resolution of construction-related disputes. There are four main ways in which construction disputes can be handled and resolved:
No matter how small it may seem, every stage of the arbitration process matters because the presentation of a client's case forms the basis for an arbitrator's final decision.
This is why we devote significant resources to the presentation of a client's case. Many of the same skills that are indispensable in litigation-gathering evidence, anticipating the other side's most effective arguments-also come into play during arbitration proceedings. Whether we ultimately resolve a dispute through document submission or require multiple hearings before a panel of arbitrators, our goal remains the same:
Present the stronger case and allow our client to prevail.
While many construction contracts specify arbitration in the event of a dispute, others allow for mediation of disagreements. Our attorneys are experienced in all forms of dispute resolution in Texas, including mediation. We are proud to be a full-service firm meeting the legal needs of all members of the building trades.
To learn how our arbitration attorneys can help bring your construction dispute to a successful resolution, contact Hendershot, Cannon, Martin & Hisey, P.C. online or call us at (713) 909-7323.