Dispute Resolution Provisions In Construction Contracts

Efficiently resolving claims can mean the difference between the survival or failure of the project or parties to the project. And, while most would agree that modern day litigation is a preferable alternative to a duel, there is no real consensus whether it's a lot or just a little better.

Some may relate to former U.S. Supreme Court Chief Justice Warren E. Burger's sentiment about litigation in the U.S.:

The entire legal profession - lawyers, judges, law professors - has become so mesmerized with the stimulation of the courtroom contest that we tend to forget that we ought to be healers of conflicts...For many claims, trials by adversarial contest must in time go the way of the ancient trial by battle and blood. Our system is too costly, too painful, too destructive, too inefficient for a truly civilized people.¹