Arbitration doesn’t always mean simplification

Description

Abstract: Arbitration can be a simpler and less expensive method for resolving construction disputes than going to court. Without thoughtful coordination of arbitration provisions in all documents of a project, however, a situation involving arbitration can become every bit as complex as litigation — if not more so. In one instance, the use of a form contract with an arbitration clause, followed by actions on both sides that were inconsistent with the written contract, led to a much more complex dispute resolution process than there would have been absent any arbitration provision.