Selecting The Right Dispute Resolution Provision

By: Jason Yarbrough

There are a number of terms negotiated in every construction contract.  One of the most important and oftentimes overlooked provisions in a contract is the dispute resolution provision.  It is not uncommon for an owner or contractor to try to use boilerplate contract terms from project to project.  We counsel our clients to revisit the dispute resolution paragraph on each job to make sure that these terms are appropriate for the current project.  Not only do these provisions typically set forth where a dispute will be heard, who will pay the costs for dispute resolution and whether or not a claim will be litigated in court or arbitration, dispute resolution provisions also address whether the parties must mediate their claims prior to filing suit.

Please click here to read Jason's full article that was published in the July/August 2012 issue of Breaking Ground Magazine.