Managing Dispute Resolution Options in the Construction Industry - Chapter 53 - AAA Handbook on Construction Arbitration and ADR - 2nd Edition
Construction Industry Participants:
Kevin G. Amadio, Venzie, Phillips & Warshawer in Philadelphia; Mark Breitenbach, senior project manger of the University of Pennsylvania; Robert Korn, Kaplin, Stewart, Blue Bell, Pennsylvania; Lawrence W. Lewis, state solicitor of Delaware; Jerrilyn G. Marston, Bazelon, Less & Feldman in Philadelphia; Jean G. Miele, a New York architect; George E. Pallas, Cohen, Seglias, Pallas, Greenhall & Furman, in Philadelphia, Pittsburgh and Wilmington, Delaware; Roger J. Peters, executive vice president and general counsel, Dick Corp.; and Jeoffrey N. Zeh, president, Associated Builders and Contractors, Eastern Pennsylvania Chapter.
Originally from: AAA Handbook on Construction Arbitration and ADR - 2nd Edition
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I. Introduction
Two of the most important subjects for construction professionals are dispute prevention and resolution, the reason being that construction disputes tend to plague most projects. Construction stakeholders have vast sums at stake and they need to be able to see their projects completed without messy disputes that threaten to bankrupt them and bring the project to a halt.
Because disputes are so central to construction, the American Arbitration Association, whose National Construction Industry Arbitration Procedures are the industry standard, periodically holds roundtable discussions with representatives of the construction industry to hear their views on how ADR processes are working and issues of concern to the industry.
This chapter culls some opinions and suggestions from a recent round-table discussion among construction lawyers and professionals from Pennsylvania. The topics were wide ranging; for example, they included design-build, the authority of arbitrators, early dispute resolution, drafting the ADR clause, disclosure in mediation, setting time limits on arbitration, and reasoned awards. The discussion was fruitful, leading to suggestions that could reduce the potential for disputes or increase the efficiency of disputes resolution. This summary of the round-table discussion is intendeded to circulate the ideas it generated and encourage creative thinking about what the construction industry wants from ADR and how to achieve it.