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How or Where I can file Arbitration?

CaliforniaDefectsPayment Disputes

I just have roof contracted, Now I have a problem with contractor we have disputed issue. where I file for arbitration? Do I need a lawyer to depend my case? Approximate how how much a lawyer cost. Most of my problem is workmanship (cosmetic wise of the work)

1 reply

Jul 7, 2020
If the contract has a binding arbitration clause, then that clause might provide some insight on where to file arbitration. Even if it doesn't, you should be able to perform an online search for local arbiters who you might be able to file your arbitration claim with. To make the process smoother, it might even be useful to consult with the contractor to see where they'd like the arbitration taken to (though, it'd hardly be surprising if they didn't have a preference). If the contract did not contain a binding arbitration clause, then you can't unilaterally force the other party into binding arbitration. Though, you can certainly ask them to enter into arbitration and to sign a binding arbitration agreement. And, if the alternative is filing a lawsuit, they might be willing to enter into arbitration. Alternatively, asking them to enter into mediation might be something more agreeable. If the contract didn't contain an arbitration or mediation clause, or if the contractor is otherwise being difficult, it might be wise to consult with a local California construction attorney. They'll have experience with dispute resolution there, plus they'll be able to lay out the options available to you moving forward. What's more, sending a demand letter through that lawyer might be enough, all by itself, to resolve the issue. Nobody wants to deal with lawyers - so threatening to pursue claims may be enough to get them back to the job site to resolve things. For more background on arbitration: How Arbitration Helps Contractors Avoid Court, Attorneys, and Extra Costs.
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