Posted On: December 5, 2012 by Duncan H. Adams

IS THE GEORGIA HOMEOWNER ARBITRATION PROCESS FAIR TO HOMEOWNERS?

As an Atlanta Construction Lawyer, I have worked with clients who have taken their Georgia construction arbitration, litigation, and disputes to the court system for resolution, and others who have gone through the process of arbitration. Many times, a construction contract specifically states that all disputes must be resolved through arbitration, yet unless contractually mandated, arbitration is often overlooked. It is important to note that while both methods have their advantages, arbitration is often the fastest and can be very cost effective.

In Georgia it can take a minimum of a year for a case to go to trial, while the date of the final arbitration hearing can be set much sooner. Disputes are often resolved just a few months after the arbitration process is initiated. The disadvantage to arbitration is that the parties named in the dispute will pay for the time of an arbitrator. Arbitrators belong to arbitration associations that are usually private businesses, and fees for an arbitrator can cost several hundred dollars per hour. The court system, on the other hand, is funded by tax revenue and requires that the parties pay only filing fees.

Besides the timing advantage, another strong point to arbitration is that the parties can choose the arbitrator that will preside over the case. Arbitrators have been trained in specific technical areas of the law and can be picked with this in mind. Judges in court proceedings cannot be picked and, although they have a broad knowledge of the law, the judge assigned to a case may not possess proficiency in the area that the dispute covers. In complex construction disputes, having the option to choose a knowledgeable arbitrator will ensure that all parties are treated fairly under Georgia law.

When involved in Georgia construction disputes which will be resolved in the court system or through arbitration, it is advisable to retain a qualified Atlanta Construction Lawyer. The Atlanta construction lawyers at Adams Libby, LLC have practice experience in all areas of Georgia Construction Law, including construction litigation and contractual disputes. We welcome the opportunity to discuss your case. Please feel free to call our Firm at (404) 467-8611 or toll free at 1-877-412-3267, to discuss your options. You can also send us a message through our confidential Web Site form. Adams Libby, LLC main location is conveniently situated in the Buckhead section of Atlanta, Georgia near the intersection of Piedmont and Roswell Roads.