Originally from the Leading Arbitrators' Guide to International Arbitration - Fourth Edition

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I. WHAT IS CONSTRUCTION? 

“Construction” is not a term of art and potentially embraces a vast range of engineering, industrial, building and technical enterprises designed for many different purposes. Such projects are sometimes referred to as “infrastructure”, to include roads, communication and transport systems; but this term is too narrow as it would exclude construction activities such as oil and gas (on-shore and off-shore), process plants and power generation.  An exclusive definition is unnecessary but it is perhaps helpful to identify the key distinguishing factors from other commercial activities. One such factor is the element of “real time” which expresses the dynamic nature of construction projects and the fact that the generation and resolution of disputes often runs in parallel with performance of the project itself, unlike many other commercial disputes which are essentially of an historical character.

Another key factor is that construction projects are usually governed, in addition to an applicable legal system, by complex and purpose-made contracts which invariably contain machinery not only for the ultimate resolution of disputes by arbitration  but also for the management of the project through the interim determination of matters of potential dispute between the parties.