Construction Law

The Difference Between Construction Litigation And Construction Arbitration featured image

The Difference Between Construction Litigation And Construction Arbitration

When two parties are in the middle of a dispute, there are a few options for resolution. Each party needs to be aware of the differences between construction litigation and arbitration so they can jointly agree upon the best solution for their dispute.

As defined by Cotney Attorneys & Consultants, construction litigation occurs when two disputing parties cannot solve their dispute using mediation, so their case must be tried in court by a jury or a judge. The court case would include the plaintiff, the party that is claiming the charge, and the defendant, the party that has had the charge brought against them.

On the other hand, construction arbitration involves the process of finding a resolution that comes about from a non-affiliated third party that will review the case and come to a conclusion. This person is known as an arbitrator, and their decision is legally binding for both parties. Litigation is known to be the last effort in a dispute, an alternative being arbitration.

Price Differences

If both parties decide to proceed with litigation, they would need to hire a Tampa contractor attorney for the case. Arbitration construction does not take place in a courtroom and does not necessarily need an attorney although it is highly recommended, which can cut down on those fees. However, an arbitrator does need to be hired, and the costs can vary depending on the arbitrators experience and the categorization of the claim.

Which is Quicker

When it comes to disputes, and methods of which to settle them, the arbitration process moves a little more quickly. Once both parties have mutually decided on an arbitrator, they can begin the process. On the other side, since litigation takes place inside a courtroom, the case won’t get started until there is availability, which could take months.

The Use of Evidence

During litigation, a Tampa contractor attorney has the use of evidence as it’s advantage. All evidence for both parties will be displayed, as well as the ability for either party to issue a subpoena. Arbitrations use limited evidence, and there are no subpoenas or interviews during the process.


Since litigation takes place in a courtroom with a judge, there is the opportunity for the losing party to appeal the court’s decision. Where as in arbitration, there are no appeals.

Tampa contractor attorneys at Cotney Attorneys & Consultants have handled countless litigation and arbitration cases all across the Tampa area, working to reconcile disputes between engineers, developers, owners, contractors and more.

If you are in need of representation for construction arbitration or litigation, please contact us.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.