Attorney’s Column – Court Holds that Vague Arbitration Clause Is Still Sufficient to Compel Parties to Arbitrate
One clause that is often overlooked as boilerplate when negotiating a construction contract is the arbitration or, more broadly, ADR (Alternative Dispute Resolution) clause. There are definite benefits of using arbitration over litigation: a more streamlined procedure, typically lower cost, a faster resolution (particularly when some courts are still digging out from the Covid backlog), and a more informed decision maker (typically a construction lawyer, an engineer or architect, or a construction manager).