Arbitrating Essential Terms Of A Construction Contract

The popularity of non-traditional dispute resolution mechanisms is on the rise in Alberta. The construction industry is particularly well-suited to arbitration, where both parties can benefit from the ability to select an arbitrator with the practical and technical expertise to quickly resolve a dispute in an informed and cost-effective manner.

That being said, there are some risks associated with arbitrating a construction dispute, particularly where the arbitrator, who may or may not have a legal background, is called upon to interpret the terms of a contract between the parties. This can be a complicated exercise, and may involve the application of abstract legal concepts and/or convoluted rules of interpretation and construction.