Construction Defects Mediation and Arbitration

California Construction Defects Mediation and Arbitration

Builders, property owners and commercial renters expect quality in the buildings that they construct and use. When design defects become manifest, the blame game begins as key parties spar over liability with regard to leaky roofs, mechanical problems, and other problems resulting from design defects.

Call or e-mail attorney Steven Cohen of Cohen & Associates to discuss your options if you are involved in a construction defect case. We serve as mediators and arbitrators in construction defect disputes involving alleged design defects such as the following:

  • Cracked foundations
  • Balcony or deck failure due to dry rot, improper flashing or improper draining
  • Stucco staining or cracking
  • Wood rot due to lack of cross-ventilation in crawl spaces
  • Water in crawl spaces due to improper exterior grade slopes
  • Roof leaks resulting in stains or destruction of walls
  • Mold or fungus resulting from water penetration
  • Tile and grout cracking or failure to adhere to walls as a result of water intrusion
  • Wall cracking due to failure improperly designed or constructed retaining walls
  • Wood rot
  • Electrical, plumbing, HVAC and other mechanical problems

At Cohen & Associates, I act as a mediator and arbitrator in construction defect disputes. Attorneys representing parties in the disputes determine along with the opponents the particular type and style of dispute resolution that we will employ.

Arbitration may be required according to original building contracts that were formalized before construction began. In other cases, mediation may be the preferred and chosen means of ADR. I can adapt my style as attorney-mediator to the needs and wishes of clients and their counsel, as follows:

  • Facilitative style: With this approach, I will not insert my own opinion into the construction defect dispute but rather, help opponents to arrive a mutually beneficial outcome. I will work to ensure that the resulting solution is based on clients' own issues, properly considered, weighed and balanced.
  • Evaluative style: In this case, I will give advisory opinions to help the parties come to an agreement in a construction defect dispute.
  • Combination: When parties are represented by counsel, a hybrid facilitative/evaluative style may be preferred.

Call or e-mail the law offices of Cohen & Associates to schedule a consultation. I offer experience in construction dispute resolution as well as a commitment to helping clients arrive at satisfactory settlements.