Arbitration Considerations in Litigating Construction Disputes
It is very common for construction contracts to include an “arbitration provision.” In essence, the arbitration provision in a clause in the contract that contains the agreement by the parties to submit their disputes arising out of the contract to binding arbitration, thus avoiding the courts. For parties to a construction contract, there are many perceived benefits to choosing binding arbitration over the courts (decision maker with more knowledge of construction law, less discovery, quicker final decisions, limited right to appeal). Over the years, state and federal courts have uniformly held in favor of upholding arbitration agreements and requiring the parties to submit their disputes to arbitration (partly because this reduces the burden on the courts). Read On . . .