REALWorld Law


Dispute resolution in the courts

Which courts specialize or deal with construction disputes? Can decisions be appealed?

United States

United States

Generally, construction disputes are heard in the civil court of the state where the project is located. If the claimant asks for something other than damages, for example, a party requests an injunction or specific performance, then the case will be heard in the state’s equity court, often called chancery court. Otherwise, the case will be heard in a court of law.

However, construction disputes can be heard in federal court, if the resulting claim arises from a federal construction project, involves a federal question of law, or meets certain other criteria that allows the claim to be heard in federal court, such as diversity jurisdiction.

Final decisions of these courts generally can be appealed to an intermediary court of appeals. Any appeals thereafter to a higher court are at the discretion of the higher court.