Disputes are a fact of life on construction projects.
There are just too many variables, unknowns and
unpredictable things that can occur during the course
of a project that can lead to disagreements and disputes, particularly
when significant dollars are at stake. However, as many in
the construction industry know, or come to find out, engaging in
litigation or arbitration over disputes can sometimes be so time
consuming and expensive that, as the old saying goes, the cure can
be worse than the disease.
CONSTRUCTION LAW
Even as a lawyer who specializes in construction litigation and
arbitration, sometimes the best advice I can provide to a client is
to help them resolve their dispute without having to resort to litigation
or arbitration. One of the ways to try to facilitate that type
of resolution is through well-crafted contractual dispute resolution
procedures that are required before the parties can engage in
litigation or arbitration. While there may still be certain disputes
that just cannot be resolved without going to court or arbitration,
effective pre-suit dispute resolution provisions in a construction
Graphic: epicfail/123RF
Contracting for Faster and Less
Expensive Dispute Resolution
Consider a stepped dispute resolution provision for your next contract
By C. Ryan Maloney, Esq., Jimerson Birr, P.A.
The Stepped
Dispute
Resolution
Process
LEVEL 4
Litigation in
LEVEL 3
LEVEL 2
Discuss dispute
at executive level
LEVEL 1
Discuss dispute
at project
manager level
court or
arbitration
Pre-suit
mandatory
mediation
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