Building Better Construction Contracts: Crafting Effective Arbitration Clauses

With disputes being an almost inevitable aspect of large-scale construction projects, construction professionals need to be equipped with the tools to address potential conflicts early and efficiently, while minimizing disruptions to project timelines and budgets.

This webinar is designed to provide construction professionals across all sectors with a deep understanding of alternative dispute-resolution provisions within construction contracts and to be prepared to handle the complexities of ADR in the context of construction disputes, ensuring that both time and cost considerations are effectively managed.

By attending this webinar, you’ll learn:

• Best practices for implementing ADR processes tailored to construction disputes
• How to use industry-standard forms, documents such as AIA and ConsensusDocs, and how to modify these documents or create custom ADR clauses to better align with the specific needs and challenges of their projects
• How to control costs with fixed- time and cost rules to build in safeguards for controlling expenses and keeping projects on track, ultimately promoting smoother operations and more predictable outcomes in the dispute-resolution process
• Critical aspects of ADR, including selecting the locale of proceedings, setting appropriate time limits, determining the number and qualifications of neutrals, and addressing limitations on discovery
• The risks and benefits of specific contract provisions, such as the delegation of arbitrability decisions to arbitrators and the potential pitfalls associated with carve-out clauses that may limit the effectiveness of the ADR process
• Advanced topics like joinder and consolidation of parties in multiparty disputes, the form of arbitral awards and the emerging trend of private appellate review for added layers of dispute-resolution oversight
• How technology, like AI tools, can further optimize the management of disputes, offering faster analysis and enhanced decision-making capabilities throughout the ADR process