Construction arbitration is the process in which two parties who were part of a construction agreement decide to settle their dispute in arbitration rather than through the litigation process.
Arbitration is simply an alternative means to settling a dispute by using a third, impartial party without proceeding to a court trial. If one party failed to meet the terms of a signed agreement the other party may wish to go into arbitration in order to settle the matter.
The law firm of Tapella & Eberspacher believes that construction companies should do the work that they know best and let the lawyers handle legal concerns. Our firm has experience in both construction disputes and contract preparation.
If you or anyone you know is in need of legal counsel over construction arbitration, the attorneys at Tapella & Eberspacher can help you fight for the fair and just compensation you deserve.
For a no-cost, no-obligation evaluation of your arbitration situation, fill out the ‘FREE CASE REVIEW’ form to your right – it’s completely free to submit and your information will remain confidential.
Who Do We Represent?
The decision to arbitrate a dispute can come from one party, may be mandated by the contract signed, or may simply be required, such as in the case of labor disputes.
The knowledgeable team of lawyers at Tapella & Eberspacher proudly represents:
- Construction managers
- Design professionals
Our attorneys handle claims concerning construction projects, building procedures, and mechanics liens. We also handle claims concerning compliance with plans, specifications, and professional standards. We represent clients in construction arbitration as well as in litigation.
How Does Arbitration Work?
Arbitration can often resemble a civil trial; however, it does not take place in a courtroom but rather is settled privately. After filing a claim and a respondent answering to the claim specifying the facts and available defenses, an arbitrator will be chosen.
There may be more than one arbitrator appointed and the individual(s) gets chosen by both parties out of a list of potential arbitrators. Arbitrators can come from all types of occupation; however, they must be experts in their field, have good judgment and be respected for their fairness. The arbitrator must disclose any conflict of interest or potential conflict that could affect their decision.
Within arbitration proceedings, subpoenas may be issued for the attendance of witnesses or for the supplying of books, records, documents and other evidence needed for a fair decision to be made.
Arbitration may be either binding or nonbinding. Binding arbitration means that both parties waive their right to trial and agree to abide by the arbitrator’s final decision. Non-binding means that either party can request a trial if they do not agree with an arbitrator’s decision.
Illinois Arbitration Laws
In 2010, the Illinois government changed the Uniform Arbitration Act. The change states that either party may challenge the ruling if they believe the arbitrator did not follow the rules of the law, failed to make a decision based on the terms of the contract, or took “into account the uses of trade applicable to the transaction.” (Statute 710 ILCS 5/8)
Under the act each party has the right to obtain an attorney that will fight for their right to fair and just compensation.
How Our Arbitration Lawyers Can Help
Tapella & Eberspacher LLC has handled cases in multi-million dollar commercial projects as well as high-end residences. We have experience in projects including bridges, excavation, treatment plants and agricultural structures. Our experience includes many types of building products including concrete, masonry, wallboard, glazing and roofing. Our services include:
- Litigating design and construction defects
- Representing clients in insurance and other coverage claims
- Arbitrating and mediating matters when necessary or when preferable
Our attorneys also draft construction and equipment supply agreements, contemplate surety arrangements and implement dispute resolution procedures. We counsel clients on the management and avoidance of construction claims and disputes. We have the background for contract preparation and negotiation.
Our initial consultation and evaluation are free. Fee arrangements can be hourly, contingency (if appropriate), or blended.
Contact our Illinois Construction Arbitration Attorneys Today
If you need an experienced attorney to guide you through the entire arbitration process, the attorneys at Tapella & Eberspacher are ready to help. We have a reputation for handling complex litigation including construction arbitration, and quality, personal service and results are the foundation for our premier status.
We have several offices located throughout Illinois and proudly serve the following areas:
- Fairview Heights
…and many more local towns and cities.
For construction litigation, alternative dispute resolution or contract preparation, please call our Central Illinois office at (217) 639-7800 or toll-free at 855-522-5291. Our intake staff members will connect you with one of our lawyers best suited in handling your claim after a few preliminary questions.