A submission agreement is a contract in which the parties agree to submit a particular existing controversy to arbitration and to abide by the award of the arbitrator or arbitration panel. The agreement is governed by the rules applicable to contracts generally, and consideration is supplied by the mutual covenants of the parties to be bound by the award rendered.
California Submission to Arbitration of Dispute between Building Construction Contractor and Owner In California, when disputes arise between building construction contractors and owners, parties have the option to submit their disagreement to arbitration, which is a non-judicial process aimed at resolving conflicts efficiently and avoiding lengthy court battles. California's submission to arbitration offers an alternative dispute resolution method that can save time, money, and resources compared to traditional litigation. Below, we will delve into the detailed description of this process and discuss different types of California submissions to arbitration. Arbitration is a voluntary process, where both the building construction contractor and the owner agree to submit their dispute to an impartial third-party arbitrator, known as an arbitrator, who will review the evidence and make a binding decision. The arbitrator is usually an experienced professional with expertise in construction law or the relevant field, ensuring a fair and informed judgment. The California submission to arbitration of disputes between building construction contractors and owners can cover a wide range of issues that commonly arise during construction projects. These may include disagreements over project delays, cost overrun disputes, defective workmanship claims, breach of contract disputes, payment issues, change order disputes, or conflicts related to design and specifications. The submission to arbitration can be initiated by either party or as agreed upon in the original construction contract. There are a few different types of California submission to arbitration processes that may be used based on the specific needs and requirements of the parties involved: 1. Voluntary Arbitration: This type of arbitration occurs when both the building construction contractor and the owner voluntarily agree to submit their dispute to arbitration after the conflict arises. They select an arbitrator and follow the arbitration process to reach a binding resolution. 2. Mandatory Arbitration: In certain cases, the construction contract may include a provision that makes arbitration mandatory, requiring both parties to submit their dispute to arbitration rather than pursuing litigation in court. Such provisions are often designed to streamline the resolution process and avoid potential delays associated with court proceedings. 3. Statutory Arbitration: California has specific laws governing arbitration in the construction industry, known as the Construction Industry Arbitration Act (CIA). Under the CIA, certain disputes must be resolved through mandatory arbitration, providing a specific framework and guidelines to be followed throughout the arbitration process. Regardless of the type of California submission to arbitration chosen, the process generally involves filing a submission agreement, selecting an arbitrator, presenting evidence, conducting hearings, and ultimately receiving an enforceable decision. California's law ensures that arbitration decisions are legally binding, and parties must comply with the awarded remedies. Submitting a dispute to arbitration in California offers various advantages. It can lead to faster and more cost-effective resolutions, as well as maintain privacy and confidentiality compared to public court proceedings. Furthermore, arbitration allows parties to select an arbitrator with specialized knowledge of construction-related issues, increasing the likelihood of a fair and informed decision. In conclusion, the California submission to arbitration of disputes between building construction contractors and owners provides an effective alternative for resolving conflicts related to construction projects. With various types of submissions available, parties can choose the most suitable method based on their specific needs. Embracing arbitration can result in efficient and fair resolutions that save time, money, and resources for all parties involved.
