Most design and construction contracts contain “dispute resolution” provisions that require mediation, arbitration, or litigation.
As the chart shows, construction industry contracts and policy generally favor arbitration over litigation. This is primarily because the parties can select an arbitrator who has knowledge of the construction industry. We have found, however, that the policy goals of arbitration – speed, industry knowledge, efficiency, and reduced cost – are seldom realized. Accordingly, when drafting contracts we usually discuss the pros and cons of pursuing litigation in favor of arbitration to resolve disputes.
Have questions about the nuances of dispute resolution? Contact a member of the Hirschler construction team.
As president of Hirschler and head of the firm's litigation section, Courtney knows how to lead people and projects to a successful outcome.
Leveraging deep experience in the construction industry, Courtney advises public and ...
Liz combines enthusiasm and diligence to help her clients resolve complex disputes. Whether the dispute is a construction claim, a breach of contract, or a business tort, Liz brings focus and determination to every case. Liz has ...
Kelly’s practice focuses on construction law, commercial and product liability law, with an emphasis on dispute resolution—including mediation, arbitration, jury and bench trials in state and federal court. She routinely ...
Nate fully engages in each case and shoulders his clients’ needs. Communication, efficiency and careful judgment define his practice. In every case, he investigates competing claims to thoroughly understand their strengths ...
A professional engineer (P.E.) and an experienced lawyer, Webb began practicing at Hirschler Fleischer following four years of work as a consulting engineer. His multidisciplinary practice focuses on general business and ...
SubscribeSubscribe to Hirschler by Email
- Virginia General Assembly: Construction Bills To Watch- Part 2
- Courtney Paulk and Kelly Bundy Discuss “Unpreventable Employee Misconduct” Defense in Article for Construction Executive
- Five Licensure Issues All Virginia Contractors Should Consider
- New Trump Executive Order Encourages Buy American Preferences in Infrastructure Projects
- Five Issues all Subcontractors and Suppliers on Federal Projects Should Consider
- Litigation. Arbitration. Mediation. What is the Difference and Who Should Care?
- Courtney Paulk to Participate in University of Richmond - Robins School of Business's C-Suite Conversations
- Virginia General Assembly Opens Session Today: Construction Bills To Watch
- Construction Year in Review: 2018 Trends and What To Expect in the Year Ahead
- Steps To Maintaining A Contractor’s License In Virginia
- Government Contracts
- Occupational Safety and Health Act (OSHA)
- Department of Professional and Occupational Regulation (DPOR)
- Dispute Resolution
- Mechanic's Liens
- Miller Act
- Workforce Development
- Virginia Employment Commission (VEC)
- Uniform Statewide Building Code
- Virginia Workers' Compensation Commission
- Change Orders
- Little Miller Act