Is it worth taking a dispute to court?

| Apr 28, 2020 | Construction Litigation |

You and another party have a contract. It doesn’t have an arbitration clause like you would have expected, so you have the option to take them to court. It’s not your preference to talk about the dispute in a public forum, but you’re not sure you have any other options.

You should know that there are other options, if the other party can agree to them. Mediation and arbitration are both alternative dispute resolution options that may be beneficial for you if you don’t want to go through construction litigation in court.

Keep in mind, though, that if your contract doesn’t have an arbitration or mediation clause, the other party doesn’t have to go. They are not bound to alternative methods of dispute resolution and may want to pursue a trial.

If you do have the opportunity to go through arbitration instead, you’ll find that it’s similar to going to trial. It’s more private, usually more cost-effective and can be faster, but those benefits aren’t guaranteed. With construction litigation, you know exactly what’s going to happen, which is that you’re going to go to court and have a judge hear your case.

Is it worth going to court over a construction dispute?

It can be, but it all depends on your situation. If you and the other party can come up with a settlement agreement in the meantime, you can always settle your issues prior to your court date. However, if you have been dealing with this dispute for a while, it may be time to allow your attorney to step in and represent you in court.

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