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 ...
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. With 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 following four years of work as a consulting engineer. His multidisciplinary practice focuses on general business and corporate law ...
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