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Resolving construction defect disputes

On Behalf of McNabb, Bragorgos, Burgess & Sorin, PLLC | Jul 27, 2022 | Construction Law

Realizing that you have construction defects in your Tennessee property can be overwhelming. If you need to resolve a related dispute, you should know all the options available to you.

Discuss the situation with your contractor first
The first thing you should do when you discover construction defects in your property is to talk with your contractor. Sit down and discussion the situation rationally to see if you can work out an agreement that works for both of you. If you can agree, this is the easiest and cheapest option for resolving the problem.

Consider alternatives to litigation
If you and your contractor can’t come to an agreement to resolve the dispute, you should consider alternatives to litigation. Mediation and arbitration are two good options that often work in this situation. Mediation gives you both the opportunity to meet with a neutral third party who can help you to better communicate and reach a solution that might be somewhere in the middle so that you can resolve the issue. Mediation is good because it lets you avoid a formal court setting and allows you to control the outcome together.

Arbitration is another alternative means for settling disputes with construction defects. Like mediation, you meet with a third party whose job is to listen to both sides of the dispute. The arbitrator is similar to a judge, but unlike mediation, they will make a decision on your case even if you and your contractor are unable to reach an agreement. However, you both get the right to determine if you will adhere to that decision by allowing it to become legally binding. If you decide the answer is no, then you might have no choice but to choose to go to court or have mediation to resolve the problem.

Mediation and arbitration can benefit you and your contractor. It can help you to come to a faster, cheaper and easier end to your dispute without any hard feelings.