Difference between Construction Litigation and Construction Arbitration


There are ways to solve a dispute whenever it rises between 2 individuals or parties which are construction litigation and construction arbitration. However, the parties or the individuals need to know the difference between the two.

  • Construction litigation involves the dispute that gets solved inside a court when the involvement of a mediator does not work.
  • Construction arbitration involves a dispute getting resolved due to the intervention of a third-person or party.

These are some of the differences between construction litigation and construction arbitration.

  • Price –A lawyer is a must when it comes to construction litigation while construction arbitration does not require one. However, hiring an arbitrator is important in construction arbitration where the fees are different depending on their experience.
  • Speed – Solving a dispute on construction arbitration is a lot faster especially if the dispute gets resolved outside the court. On the other hand, construction litigation can take up to days or an even month since the issue is taken inside the court.
  • Evidence –For construction litigation dispute, the lawyer uses all the evidence before presenting to the court on behalf of both the parties. The judge then studies, understands and then passes a judgement. On the other hand, it can be nuisance for construction arbitration can become frustrating since no handing of evidence is required.
  • Appeals – There are no appeals involved in construction arbitration while the losing party can still appeal in construction litigation.

It is always important to have construction law solicitors or lawyers when it comes to construction related work or dispute.