David L. John PE, CEP & PWS Arbitrator/Mediator

An experienced construction mediator can bridge the gap in communications between the parties. He or she can also outline the possible decisions that may be made in court so that the parties have a more realistic outlook on the risks of prolonged litigation. He or she can also help the parties find mutual points of compromise and reach a resolution that is targeted to their particular needs and interests.

A construction mediator uses conflict resolution skills to facilitate communication between the parties so that they can resolve their legal issue without resorting to litigation. He or she provides an objective opinion and guides the parties to a mutual resolution of the matter that can often help the parties maintain their business relationship and avoid the drawbacks of litigation, such as the time, expense and negative publicity that it often involves.

The contract may specify which party will be legally responsible for defects that are caused during the construction process. Depending on the defect, the architect, engineer, general contractor, subcontractor, designer, manufacturer, or owner may be responsible for construction defects. Defects can be caused by a variety of reasons, including defective products, building code violations, deviations from specifications and components of the project not working as intended.

Many construction disputes arise because of misunderstandings. The parties may interpret contract language differently or may have failed to consider something that could come up and jeopardize the contract. Rain, bad weather or delays may be other sources of contention. The parties may disagree about changes that are made during the project. Unforeseeable events may have changed the conditions of the contract. Disputes can also arise if a party believes the other is not complying with their contractual obligations.

There are two primary ways to resolve a construction dispute: mediation or litigation. Litigation is the traditional process of taking an issue to court. Each side hires expensive attorneys and often waits months or even years for a judge or jury to make a decision on the case after the case is finally heard. In mediation, the parties can work together to resolve the dispute and save time and money in the process.