NCJ Number
92199
Journal
Law and Contemporary Problems Volume: 46 Issue: 1 Dated: (Winter 1983) Pages: 127-135
Date Published
1983
Length
9 pages
Annotation
Traditional arbitration will not always be appropriate as a dispute resolution system in the construction industry, since the new types of construction techniques require changes in the dispute settlement process.
Abstract
The architect is designated as the first arbiter of disputes in many standard construction documents. These contracts frequently also contain a clause whereby they can voluntarily submit a dispute to arbitration. However, new approaches to construction -- fast tracking, design-build, and construction management -have brought more uncertainty into the construction process, since many specifics are not determined at the time the contracts are signed. These new methods have also changed the traditional roles and responsibilities of those involved in the construction process. These changes have increased the likelihood that controversies will develop. However, a variety of settlement procedures are available to fit diverse situations and contractual models. These choices include binding arbitration, nonbinding arbitration, mediation/arbitration, mediation, and the use of an impartial advisory committee. Since the aim of the new construction approaches is speed and economy, voluntary settlement mechanisms will continue to provide an attractive alternative to litigation. However, these systems require qualified, experienced arbitrators and mediators and effective involvement of the parties' attorneys. A total of 15 notes are given.