Is it true that construction defect arbitration is cheaper and faster than a construction defect lawsuit?
No, it’s not true that arbitration is faster and less expensive in a construction defect claim. In fact, arbitration has the tendency to be much more expensive because you have to pay the arbitrators their hourly fees, which are typically very high. When you’re in court, you don’t have to pay those fees. We’ve also found that even though they’re available, the arbitrators do not speed up the prosecution of the case. You’re much better off going to court, if you can do that, and getting into one of our complex litigation departments, which speed cases along as fast or faster than arbitrators.