Construction Dispute Law

Construction projects involve owners, contractors, and subcontractors. Disputes frequently arise between these parties concerning non-payment, delays, variations, defects, and other issues. Resolving these disputes requires procedures tailored to the specific needs of construction projects. These procedures constitute construction dispute resolution.

Construction contracts typically include clauses that define the applicable dispute resolution procedures. Several leading industry associations (such as FIDIC, JCT, and AIA) provide standard form contracts to streamline project administration and reduce disputes. Most form contracts require ADR procedures such as negotiation, mediation, technical adjudication, or arbitration. They also may require parties to timely notify, periodically update, and substantiate their claims during interim review. Alternately, other contracts may allow a faster route to litigation. Ultimately, the goals of dispute resolution are to keep the project on schedule and minimize costs. It is therefore important to have specialized construction lawyers draft and review contracts, and advise on proper steps throughout the dispute process.