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Construction Law Today

Construction Contract Dispute Resolution: What Do You Prefer?

Posted in Alternative Dispute Resolution, Arbitration, Mediation, Polls

In presentations I often mention that every construction contract is the beginning of a construction dispute.  The same usually applies to architects agreements and other design contracts too.  With that in mind, I’d like to hear from you.  What terms do you prefer in your contracts for resolving disputes: nothing, mediation, arbitration?  Vote below.  And add a comment to elaborate on your vote…

 


What Do You Prefer In Your Contracts For Resolving Design and Construction Disputes?(trends)

 

 

  • Interesting poll Josh. I picked the last option (which apparently a third of the folks picked but then have not elaborated unless the comments are cued for approval LOL!).
    Generally, I like to mediation prior to the next phase. Sometimes, that can be skipped for just straight negotiations, but it depends a lot on the other side and their ability to reasonably value cases.
    The arbitration v. litigation question is one that is more art than science. For some clients and some projects, arbitration is better. For bigger and more complex matters with legal issues aplenty, I tend to like court better.

  • Disputes are always going to happen within the construction industry but if you choose a contractor or supplier that are members of an official association or ombudsman scheme, this is eliminated.

  • Liana Colon-Valentin

    I try to have my clients draft arbitration into their contracts up to a certain claim amount. For small claims, it is better to have a quick arbitration and get it over with. Over that amount, straight to court.