Construction Law And Dispute Resolution In Broward
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FAQ
When disputes arise on a construction project, the initial and most favorable resolution method is negotiating. When a resolution cannot be reached through negotiations, a dispute may be resolved either through litigation or in some other forum—known as alternate dispute resolution.
If you wish to file a complaint against a contractor, you may contact the Department of Business & Professional Regulation online at .myfloridalicense or by phone at (850) 487-1395.
When negotiating a settlement by conversing with a construction company or reaching a resolution via mediation or arbitration isn't successful, litigation may be the next best option. There are different court systems within which you can file a civil lawsuit against a business such as a construction company.
5 Tips for Resolving Conflicts on the Construction Site Get To the Root of the Dispute. Stay Objective While Handling the Issue. Make Sure Everyone Keeps a Common Goal in Mind. Get All Sides Involved in Resolving the Dispute. Accept That Conflicts Will Happen. Conclusion.
It can be considered binding mediation. The process was developed by the Associated Soil and Foundation Engineers (ASFE) in the 1970s, and it involves the selection by the parties of a neutral third party at the start of construction to make bind- ing decisions contemporaneously as disputes arise.
Arbitration is the method contractors and lawyers prefer when it comes to dispute resolution. Most contractors list it as the way to address disputes in contractual terms. If the parties opt for arbitration, they must choose a neutral third party with the relevant experience to bring them to an amicable solution.
Here is what you need to do to prepare for resolution and the different options you have for reaching a (hopefully) satisfactory outcome. REVIEW YOUR CONTRACT CAREFULLY. SPEAK TO YOUR CONTRACTOR IF PROBLEMS ARISE. OUT OF COURT OPTIONS. STATE AND LOCAL AGENCIES. MEDIATION AND BINDING ARBITRATION. GOING TO COURT.
Negotiation is the most common approach to resolving disputes, and it is less formal than arbitration or mediation and affords parties more flexibility. Effective negotiation can be an alternative to litigation, especially when parties are willing to work together in good faith.
The Construction Industry Licensing Board is responsible for licensing and regulating the construction industry. The board meets regularly to consider applications for licensure, to review disciplinary cases, and to conduct informal hearings relating to licensure and discipline.
