July 20, 2024

Construction Industry Law Cases From Alternative Dispute Resolution to the Appeals Process

Commercial real estate attorney

Breaches of contract and other conflicts often arise in the construction industry. In order to resolve these issues, alternative dispute resolution (ADR) is the preferred conflict-management process within this industry, per the American Arbitration Association.

The Benefits of ADR to Resolve Construction Industry Cases

Cases can usually be resolved more quickly with ADR than with litigation. In 2015, for example, the median period of time that it took to file and obtain an award was less than 8 months. The American Arbitration Association also reported that the median length of a civil bench or jury trial can extend over 2 years, which was report in recent Federal Court statistics.

The Bureau of Justice Statistics stated that a national study of civil bench and jury trials was conducted for the first time in 2005. The results of this study showed that 33% of the civil cases filed in state courts were for breach of contract.

It was also found that plaintiffs tend to win bench trials more often than jury trials. The review above found that 68% of bench trials and 54% of jury trials were won by plaintiffs during 2005 alone.

When to Make an Appeal

If your case needed to go to trial rather than be resolved through ADR, you may want to learn more about the appeals process, particularly if you disagree with the outcome of your case. Appeals are often made when a party is not satisfied, or doesn’t agree with, a court’s ruling. In some instances, there may be precedents or other extenuating circumstances that may result in a more favorable ruling from a higher court.

If you have been involved in a court case and disagree with the ruling, your construction law firm or attorney may discuss the appeal process with you in detail. Since your existing llawyer may also be an appellate attorney, they will either take your case to an appellate court or refer you to another attorney.

It’s important to note that your attorney will know when to make an appeal. Furthermore, if you do decide to go ahead with the appeals process, they will be able to explain what to expect and guide you through this process.

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