Many construction contracts contain arbitration clauses. Construction arbitration, like construction litigation, can be complex. A thorough understanding of design and construction can mean the difference between success and failure.
We have been on all sides of the arbitration table. As attorneys representing arbitration claimants as well as respondents, we have handled small and large cases. As an arbitrator, Werner Sabo has decided a variety of matters involving construction and other issues.
Arbitration, like litigation, requires thorough preparation of the case to be successful. Preparation for arbitration involves the same legal skills as does preparation for trial. These skills include an ability to analyze the case, knowledge of the underlying principles, knowledge of how a project actually works and the ability to speak the language of the experts (who often include architects, engineers and specialty consultants). The examination of witnesses at an arbitration often requires that the attorney examine an expert witness without having taken that witness' deposition beforehand. If the attorney is not thoroughly familiar with the construction process, valuable opportunities may be lost, and the arbitration proceeding itself may be seriously compromised.
Being represented by a law firm that does not have extensive experience trying arbitration matters can increase the possibility of an unfavorable result. Knowledge of the rules and practices of arbitration and extensive experience and comfort with the process is an invaluable asset for the attorney who is actually handling your case. Werner Sabo has this experience.
Arbitration often involves litigation leading up, or subsequent, to the arbitration. This might mean a court case to compel the arbitration or in opposition to the arbitration. The award might be contested on various grounds after the arbitration hearings. Please contact Werner Sabo at Bryce Downey & Lenkov LLC for further information.