Originally from: AAA Handbook on Construction Arbitration and ADR - 2nd Edition

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I. Introduction

The construction industry is complex and so are most building construction projects. In the process, inevitable differences arise concerning project scope definition, delays, accelerations, obstructions, and changed conditions. All the while, the process of building must go forward with a minimum of disruptions.

Resorting to lawsuits can be costly and time consuming. Also, judges and juries generally lack an understanding of the construction process. The net result is that all too often only lawyers, consultants and expert witnesses benefit from lengthy court actions.

II. Dispute Avoidance

The Associated General Contractors of America, the American Subcontractors Association, and the Associated Specialty Contractors support programs to minimize disputes through equitable allocation of risks in contracts and fostering cooperation among members of the construction team throughout the building process. That may be accomplished through teamwork programs such as Partnering. It involves a post-award program that includes several days of meetings among owner, design professional, construction manager, and major specialty contractor representatives working together to identify potential problems and to develop practical solutions.