Contracts

Arbitration

A private dispute-resolution process where a neutral arbitrator decides a construction claim outside the court system.

Arbitration is a contract-based alternative to litigation. The parties present evidence and arguments to a neutral arbitrator (or panel of three on larger cases), who issues a binding decision. Most AIA standard contracts default to arbitration administered by the American Arbitration Association under the Construction Industry Arbitration Rules. Arbitration is generally faster than litigation, more confidential, and decided by someone with construction expertise rather than a generalist judge.

The trade-off: arbitration awards are very hard to appeal. Discovery is more limited. Arbitrator fees are paid by the parties, not the public. Construction-savvy lawyers consider arbitration favorable for technical disputes (delay claims, defective work) and unfavorable for cases that benefit from broad discovery or sympathetic juries. Most modern construction contracts allow the parties to opt out of arbitration in favor of court at the time of contract execution.

Frequently asked questions

What is the difference between arbitration and mediation?+

Mediation is non-binding settlement-facilitation by a neutral. Arbitration is binding decision-making by a neutral. Many construction contracts step through mediation first, then arbitration if mediation fails.

Are arbitration awards enforceable?+

Yes. The Federal Arbitration Act and parallel state laws provide for court confirmation of arbitration awards into enforceable judgments. Grounds to vacate are very narrow (fraud, arbitrator misconduct, exceeding scope of authority).

How long does construction arbitration take?+

Typically 6 to 14 months from filing to award on a normal commercial dispute, faster on smaller cases under AAA fast-track rules. Significantly faster than litigation, which often runs 2 to 4 years to trial.

Related terms