California Construction Arbitration & Mediation Attorneys
California construction arbitration attorneys for AAA, JAMS, private arbitration, mediation, and project-dispute resolution.
Most construction contracts require arbitration instead of court litigation. Arbitration is faster and more private — but it's also a different game. The rules are different, the discovery is limited, and the arbitrator's decision is almost impossible to appeal. You need attorneys who know how to win in this forum.
Why It Happens
Construction arbitration arises from contract clauses requiring arbitration of disputes. AAA (American Arbitration Association) and JAMS are the most common forums. Arbitration is increasingly common in construction contracts because it's faster and more private than court litigation.
California construction arbitration is governed by the California Arbitration Act (CCP §1280 et seq.) and, for interstate commerce contracts, the Federal Arbitration Act (9 U.S.C. §1 et seq.). The FAA preempts state law when applicable and generally favors arbitration. Grounds to vacate an arbitration award are extremely limited under CCP §1286.2: corruption, fraud, misconduct by the arbitrator, or the arbitrator exceeding their powers. California courts have held that arbitrators can award attorney fees, punitive damages, and equitable relief unless the agreement expressly limits these remedies (Armendariz v. Foundation Health Psychcare Services). AAA Construction Industry Rules require a Demand for Arbitration and allow limited discovery including document exchange and depositions by agreement. JAMS Comprehensive Rules allow broader discovery. Mediation is required before arbitration under many AIA contracts (AIA A201 §15.3). Arbitration clauses in residential construction contracts with consumers must comply with Civil Code §1298 (conspicuous disclosure requirement).
What's at Risk
- Arbitration awards are almost impossible to appeal
- Limited discovery can disadvantage parties with less documentation
- Arbitrator selection is critical — a bad arbitrator can be devastating
- Arbitration costs can be significant (arbitrator fees, filing fees)
- Waiving arbitration rights by participating in litigation
- Not understanding the arbitration clause before signing the contract
- Failing to select an arbitrator with construction expertise
- Not taking advantage of available discovery in arbitration
- Underestimating the importance of the arbitration brief
- Failing to present technical evidence effectively to non-technical arbitrators
A subcontractor was in AAA arbitration against a general contractor over $1.2M in unpaid work and delay damages. The GC had a sophisticated legal team. We prepared a detailed arbitration brief with a critical path delay analysis, presented three expert witnesses, and obtained an award of $1.1M — 92% of the claimed amount.
Past results do not guarantee future outcomes. Every case is different.
Frequently Asked Questions
- We handle construction arbitration in AAA, JAMS, and private forums
- We strategically select arbitrators with construction expertise
- We prepare comprehensive arbitration briefs that tell the complete story
- We present technical evidence effectively to arbitrators
- We also handle construction mediation as a cost-effective alternative
Arbitration demand deadlines are in your contract — check them now.
Many construction contracts require arbitration demands within 30–60 days of a dispute. Missing the deadline can waive your right to arbitrate.
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