Many building and construction contracts that are written today include an “arbitration clause.” This clause is used to anticipate any disputes that may arise and outlines that both sides must submit their dispute for arbitration before an organization such as the American Arbitration Association (AAA) or JAMS. It is a common assumption that construction arbitration is a more cost-effective and less time-consuming option than a trial, but unfortunately, this is not always the case.  Each case is different and in some instances it is better to arbitrate than to litigate but there are also cases that are better to litigate than arbitrate.   Unfortunately you typically have to make a decision on arbitration at the time you draft your contract, not once the project has already begun and the particulars of the disputed issues are known.

At the law firm of Kushnick Pallaci PLLC, we understand the rules and procedures of the AAA and Arbitration and handle construction arbitration matters for clients. We work with clients in prosecuting and defending arbitrations, but we also advise our clients during contract formation on the advantages and disadvantages of including arbitration provisions in those contracts.

If you are dealing with construction arbitration proceedings, or are forming a construction contract and have questions about construction arbitration proceedings, contact us at Kushnick Pallaci PLLC, to schedule a free initial consultation.