California Submission to Arbitration of Dispute between Building Construction Contractor and Owner

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Multi-State
Control #:
US-02640BG
Format:
Word; 
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Description

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.

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FAQ

The four main methods for resolving construction contract disputes are negotiation, mediation, arbitration, and litigation. Prevention is critical: communication, progress tracking, clear payment terms, and record-keeping can all help to prevent a construction dispute from breaking out on your job site.

Arbitration is when disputing parties submit their differences to a neutral third party professional who makes a final award for financial damages, if any. Many disputes between consumers and contractors can be resolved efficiently and in a timely manner through arbitration.

If the parties have previously executed a contract, which calls for arbitration by AAMS in the event of a dispute, one party may initiate the arbitration process by filling a demand for arbitration. The other party may, but is not required to, file a response.

What Should You Not Say to a Contractor? 'I'm not in a hurry' ... 'I know a great roofer/electrician/cabinet installer! ... 'We had no idea this would be so expensive' ... 'Why can't you work during the thunderstorm/snow/heat wave? ... 'I'll buy my own materials' ... 'I can't pay you today. ... 'I'll pay upfront' ... 'I'm old school.

Always inform your contractor in writing that they are at risk of breach of contract. File a complaint with your local state licensing board. When a contractor receives enough complaints, the board can choose to publish this info. You can attempt to resolve any issues by opting for arbitration or mediation.

Communicate and Negotiate. You may be able to resolve most disputes with contractors by keeping the lines of communication open and negotiating a settlement. This is the most efficient way to settle a dispute with the least impact on your business.

There are three ways that you can file a complaint: Call to have a Complaint Form mailed to you 1-800-321-CSLB (2752), OR. Use the On-line Complaint Form, OR. Download and Print a Complaint Form.

The first step to resolving any dispute with a contractor is to carefully review your contract. If you do not have a formal written agreement, review any emails or other correspondence between you and the contractor regarding the work provided. This correspondence may amount to a binding agreement.

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California Submission to Arbitration of Dispute between Building Construction Contractor and Owner