Date: January 29, 2024Attorney: Jacqueline Greenberg Vogt

In the complex world of construction, disputes are almost inevitable. Did you know that a staggering 98% of projects face cost overruns or delays and 70% ending up with claims? In the post-pandemic era, construction projects are increasingly leading to litigation, ranking the industry third in both count and cost of legal filings among all U.S. business sectors. Construction litigation is known for being time-consuming and expensive due to its fact-sensitive nature and the vast volume of documents involved.

Arbitration offers time and cost savings as it allows for easier scheduling, flexibility in selecting arbitrators, and quicker resolution. The process often includes specified time frames for dispute milestones, resulting in a prompt decision. Additionally, limited discovery in arbitration contrasts with the extensive and costly discovery process in litigation, leading to further cost savings.

Arbitration is not a one-size-fits-all solution. It may have downsides, including limited appeal options and a narrower discovery process, potentially providing less information for resolving disputes. Despite these drawbacks, the Jacqueline Greenberg Vogt, suggests that arbitration remains a valuable alternative to construction litigation.

Click here to read the full article.