Resolution of Construction Disputes: A Review of Current Methodologies

Abstract

Construction projects are increasingly complex, resulting in complex contract documents. Complex construction can likewise often result in complex disputes, which predominantly arise from the intricacy and magnitude of the work, multiple prime contracting parties, poorly prepared and/or executed contract documents, inadequate planning, financial issues, and communication problems. Any one of these factors can derail a project and lead to complicated litigation or arbitration, increased costs, and a breakdown in the parties’ communication and relationship. This paper reviews the current methodologies for preventing and/or resolving construction conflicts. It is not meant to be an exhaustive review of each and every process, but rather to give the reader an overview of the advantages and disadvantages of each process when determining which one is right for a particular situation.