If your home or another building that you own is experiencing problems that result from poor construction, your first instinct may be litigation. If you’re choking on mold spores or if your ceiling falls in because of water damage, you may have a good case, especially if your house is newer. However, construction mediation is a good alternative to litigation that may save you time and trouble in the long run.
Construction mediation means that your attorney will meet with attorneys who represent the builder. Usually, some sort of compromise will be made, which means that both parties save money on legal costs. You may not win the vast amounts of money you could win by actually suing, but you risk much less in legal costs should you lose. A settlement reached via construction mediation can be a good way for a builder to avoid the bad publicity associated with litigation, so they will have a strong incentive to negotiate with your attorney. In addition to saving money on legal costs, mediation is typically less of a hassle than full-blown litigation.
As part of mediation, you will want to demonstrate the problems your home is having. It’s a good idea to get an inspector to list the construction problems that have become evident, and to get contractor estimates (on the high end) for what it would cost to fix. If your construction mediation goes well, you should at least get money to cover your costs of repair, and hopefully you would get additional funds to compensate for the trouble and problems you’ve experienced as a result of shoddy construction. Construction mediation is an alternative to the expense and time consumed in litigation, and is often better for both parties. Mediation also can be faster than the process of litigation, as legal cases can take quite a while to be resolved via the court system.
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