Construction Law

Contractual arbitration provisions are often included in construction contracts to establish dispute resolution procedures. Unfortunately, the “standard” arbitration provision and the applicable rules are often misunderstood, or even ignored, in contract drafting. For those without extensive experience in construction arbitration, a brief explanation of some of the applicable concepts could be useful.

Start with the understanding that no one can force someone else into an arbitration without AGREEMENT. Parties to a dispute can agree to arbitrate at any time, even ...