How Mediation Can Help Resolve Construction Defect Disputes

Adler Law, A P.C. • May 20, 2019

The term “mediation” refers to a private and informal dispute resolution process that allows you to stay out of court and resolve your contested claim. You use a neutral third-party, a mediator, as a “go-between” to work with the other side to resolve your dispute. Sometimes having someone who has no stake in the outcome can be a good resource to communicate effectively between the parties.

Mediation can be a helpful dispute resolution tool in many types of cases. However, it can be particularly effective when you are working through a construction case. Below are just a few reasons that construction disputes are particularly well-suited for mediation.

  1. Construction cases can take a long time to present in court.

Construction cases can be very complex. Explaining complicated construction concepts or showing a jury exactly what you wanted in a construction project as a homeowner can be difficult. It may also require that you bring in experts that are sometimes expensive and take a lot of time to explain their complicated opinions. Trials can take a few days or even a few weeks in some cases.

In contrast, mediation can usually be completed within a day or two. While it is not always successful, it often is—saving significant time, effort, and money for everyone involved.

  1. Many cases involve multiple parties.

Construction cases may involve general contractors, subcontractors, other property owners, and all of their respective insurance companies. Things are bound to get confusing with that many entities involved in litigation. It also makes evidence that must be presented at trial very time consuming and complicated. The average jury will likely have trouble keeping the arguments and parties straight.

Mediation takes these concerns out of the analysis. Every party can participate at similar levels at mediation, making the entire process much less complex and streamlined.

  1. Construction concepts are complicated.

The average person who would sit on a jury likely has very little experience with complicated construction standards. In fact, the average judge probably does not know many construction practices or concepts. Having to explain these ideas and concepts can be very challenging, and it can make getting a fair result nearly impossible.

However, you can choose a mediator that has experience with construction cases—and you have a lot more say in who you mediator is compared to which judge you are assigned or who sits on your jury.

Getting Help with Your Construction Case

Having an experienced construction law attorney help with your case can be a huge asset and effective resource. Alder Law will be able to help you determine if mediation is the best option for your unique situation. Give us a call today to learn more about how we can help you and your loved ones with your construction law claim.

What You Need to Know About Business Litigation Attorneys in California

By Robert Adler • September 29, 2023
Running a business in California can be tricky, especially when there are legal issues at hand. Whether you're facing a breach of contract or a dispute with a partner, it's important to have a business litigation attorney on your side. In this blog post, we'll discuss what business litigation attorneys do and how they can help you protect your business interests in California.  1. Understanding Business Litigation Attorneys Business litigation attorneys specialize in resolving legal disputes that arise in the business world. They represent individuals, partnerships, and corporations in court and handle cases related to contract disputes, intellectual property issues, employment disputes, and other similar matters. These attorneys work to protect their clients' business interests, reduce their legal exposure, and minimize the impact of litigation on their operations. 2. Common Types of Business Litigation There are several types of business litigation that can arise in California, including breach of contract, partnership disputes, shareholder disputes, intellectual property disputes, and employment litigation. A business litigation attorney can advise you on the best course of action to take based on the specific circumstances of your case. They can help you evaluate your legal options, negotiate settlements, and represent you in court if necessary. 3. Benefits of Hiring a Business Litigation Attorney One of the main benefits of hiring a business litigation attorney is that they can provide you with legal advice that is tailored to your specific needs. They can help you understand the legal process and the potential outcomes of your case. They can also represent you in negotiations and in court, which can be critical in achieving a favorable outcome. Additionally, having a business litigation attorney on your side can help minimize the impact of litigation on your business and reduce your legal exposure. 4. Choosing the Right Business Litigation Attorney When choosing a business litigation attorney in California, it's important to look for an attorney who has experience in your specific area of need. You'll also want to look for an attorney who has a track record of success and who has a good reputation in the legal community. Be sure to ask for references and do your own research before selecting an attorney. It's also important to choose an attorney who you feel comfortable working with and who can communicate effectively with you throughout the legal process. 5. Final Thoughts Business litigation can be complex and daunting, but with the right attorney on your side, you can protect your business interests and achieve a favorable outcome. Whether you're facing a contract dispute or an employment lawsuit, a business litigation attorney can provide you with the legal expertise you need to make informed decisions about your case. So if you're a business owner in California facing a legal issue, don't hesitate to reach out to a business litigation attorney for help. A business litigation attorney can be a valuable asset to any business owner in California. By understanding what these attorneys do and what benefits they offer, you can make an informed decision about whether to hire one for your legal needs. Remember to choose an attorney who has experience in your specific area of need and who you feel comfortable working with. With the right attorney on your side, you can protect your business interests and minimize the impact of litigation on your operations.

3 Common Business Disputes That Can Lead to Litigation

By Adler Law, A P.C. • June 2, 2023
Have you ever wondered how a simple disagreement can escalate into a lawsuit? In this blog post, I will share some insights from my experience as an attorney and explain how everyday disputes can lead to litigation. Litigation is the process of resolving a legal dispute through the court system. It can be costly, time-consuming,… The post 3 Common Business Disputes That Can Lead to Litigation appeared first on Adler Law, A P.C..

3 Red Flags To Watch For When Hiring A Construction Contractor

By Adler Law, A P.C. • July 20, 2019
When you hire a contractor, you put a lot of trust in him or her to do a good job. You rely on their expertise to ensure that the job is done right and will last for years to come. Many people do not have enough experience or know-how to realize when a job is… The post 3 Red Flags To Watch For When Hiring A Construction Contractor appeared first on Adler Law, A P.C..

“For Cause” Contract Termination: An Overview

By Adler Law, A P.C. • June 20, 2019
Most contracts, particularly construction contracts, will come to an end because a project has been completed successfully. However, there are situations where the contract needs to end early for a variety of reasons. There could be a dispute or perhaps the job was simply canceled. In many situations, your construction contract will include a termination… The post “For Cause” Contract Termination: An Overview appeared first on Adler Law, A P.C..

The Basics of California Mechanic’s Liens: Part II – Perfection, Bonds, Waivers, and Enforcement

By Adler Law, A P.C. • April 20, 2019
Last month, we discussed some of the basics of mechanic’s liens in California, including the timing and notice requirements that must be followed under the 2012 changes to the law. You can read that post here. This month, we want to dig a little deeper into additional requirements for mechanic’s liens, including perfecting a mechanic’s… The post The Basics of California Mechanic’s Liens: Part II – Perfection, Bonds, Waivers, and Enforcement appeared first on Adler Law, A P.C..

The Basics of California Mechanic’s Liens: Part I – Timing and Notice

By Adler Law, A P.C. • March 20, 2019
When someone does work on a house to improve it, they have special rights to be able to collect the value of that work in California. They can file what is called a “mechanic’s lien” on the property where the work occurred. Mechanic’s liens are valuable because they encourage homeowners to pay for improvements to… The post The Basics of California Mechanic’s Liens: Part I – Timing and Notice appeared first on Adler Law, A P.C..
Share by: