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Aug 6th, 2022
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How to Work in construction in the Arbitration Agreement

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in this video i want to talk a little bit more about arbitration and some of the more nuanced aspects of arbitration arbitration is governed by the agreement to arbitrate thats typically found in the agreement between the parties generally the american institute of architects agreements and and other form agreements have some sort of arbitration provision built into them those arbitration provisions will thats basically the blueprint of what the arbitration is going to look like so in your agreement you can specify whether youre going to have one arbitrator three arbitrators whether discovery is going to be allowed in the arbitration whether rules of evidence are going to be followed and so forth i think its very important for parties that are negotiating these contracts to bring in somebody that really knows about arbitration procedures whats whats good about arbitration whats not so good so for instance do you really want to allow depositions and other types of discovery these

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Traditionally, senior lawyers, engineers or other construction professionals are appointed as arbitrators in construction disputes. A validly appointed arbitrator has jurisdiction to determine those matters referred to the arbitrator in the notice of dispute and within the scope of the arbitration agreement.
Disadvantages of Arbitration No Appeals: The arbitration decision is final. Cost: While arbitration is generally a more cost-efficient legal settlement option, it might not make sense in cases when minimal money is involved.
Arbitration is considered a more reasonable alternative to court action. Persons who are knowledgeable of the construction business shall be appointed as arbitrators to act upon the cases. Hence, a prompt decision can be easily docHubed.
Arbitration is the go-to method of dispute resolution in the construction industry, so most construction contracts feature an arbitration clause. It may not always appear in the body of the contract - a reference such as Paragraph 4.5 of A201 is considered an arbitration clause. It is binding once signed.
Arbitration agreements require that persons who signed them resolve any disputes by binding arbitration, rather than in court before a judge and/or jury. What is binding arbitration? Binding arbitration involves the submission of a dispute to a neutral party who hears the case and makes a decision.
Arbitration Process File a Claim. A claimant initiates an arbitration by filing a statement of claim that specifies the relevant facts and remedies requested. Answer a Claim. Arbitrator Selection. Prehearing Conferences. Discovery. Hearings. Decision Awards.
Arbitration is binding. An award may be enforced in court. Payment from the contractor, if awarded, is required within 30 days of the arbitrators decision, unless the decision is appealed. If the contractor fails to comply with any final award, his or her license may be suspended or revoked.
Many of these construction disputes are resolved through arbitration, which is a process by which the parties in dispute, instead of going to court to resolve the matter, agree to submit their case to a third-party neutral, known as the arbitrator, who acts as a judge and jury.

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