The Dispute Resolution Clause In Public Infrastructure Contracting — A Litigator's View

Large public infrastructure projects typically involve several stakeholders and a complex array of contracts and subcontracts. A thoughtful approach to the negotiation and drafting of contractual dispute resolution clauses can help ensure that disputes are resolved in a timely and cost-effective way without disrupting project execution.

In this first bulletin in our series about public infrastructure projects, we provide an overview of key considerations for dispute resolution clauses. Our next bulletin about the recovery of near-indemnity costs in complex construction arbitrations will follow next month.

Stepped Resolution

Public infrastructure contracts often include dispute resolution clauses that require the completion of mandatory steps or processes, such as mandatory negotiation or mediation, before the parties are permitted to refer their dispute to a court or arbitration tribunal. Stepped clauses may deprive parties of the flexibility to proceed