The Construction Arbitration Clause is essential in modern U.S. construction contracts as it provides a more efficient and specialized approach to dispute resolution compared to traditional litigation. This clause becomes particularly important when parties seek to avoid lengthy court proceedings and prefer industry-expert arbitrators. It must comply with the Federal Arbitration Act and relevant state laws, while addressing construction-specific considerations such as multi-party disputes, technical expertise requirements, and interim relief provisions. The clause typically includes detailed procedures for initiator arbitration, selecting arbitrators, and managing the arbitration process.
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1. Agreement to Arbitrate: Core provision establishing parties' agreement to submit disputes to binding arbitration
2. Scope of Arbitration: Defines what types of disputes and claims are subject to arbitration under the construction contract
3. Arbitration Rules and Governing Law: Specifies applicable arbitration rules (e.g., AAA Construction Industry Rules) and governing law
4. Arbitrator Selection: Details the process for selecting arbitrators, including number of arbitrators and required qualifications
5. Notice and Procedural Requirements: Outlines procedures for initiating arbitration, including notice requirements and time limits
6. Award and Enforcement: Establishes binding nature of arbitration award and enforcement procedures
1. Multi-Party Provisions: Special provisions for handling disputes involving multiple parties or related contracts
2. Consolidation and Joinder: Provisions allowing consolidation of related disputes and joinder of additional parties
3. Emergency Relief: Procedures for obtaining emergency or interim relief during the construction project
4. Cost Allocation: Specific provisions for allocating arbitration costs and attorneys' fees
5. Discovery Procedures: Special provisions regarding document exchange and discovery processes
1. Schedule A: Fee Schedule: Detailed breakdown of arbitration costs, fees, and payment responsibilities
2. Schedule B: Required Arbitrator Qualifications: Specific requirements for arbitrator expertise in construction matters
3. Schedule C: Arbitration Timeline: Expected timeline and deadlines for various stages of the arbitration process
4. Schedule D: Approved Arbitration Institutions: List of approved arbitration institutions and their relevant rules
Relevant legal definitions
Arbitration
Arbitrator
Award
Claim
Claimant
Construction Contract
Construction Project
Consolidation
Contract Documents
Dispute
Emergency Relief
Governing Rules
Hearing
Interim Measures
Joinder
Notice of Arbitration
Party/Parties
Project
Project Site
Respondent
Scope of Work
Substantial Completion
Time for Performance
Tribunal
Work
Arbitrator
Award
Claim
Claimant
Construction Contract
Construction Project
Consolidation
Contract Documents
Dispute
Emergency Relief
Governing Rules
Hearing
Interim Measures
Joinder
Notice of Arbitration
Party/Parties
Project
Project Site
Respondent
Scope of Work
Substantial Completion
Time for Performance
Tribunal
Work
Clauses
Scope of Arbitration
Arbitrator Selection
Notice Requirements
Choice of Law
Venue
Time Limitations
Cost Allocation
Confidentiality
Discovery
Expert Determination
Interim Measures
Emergency Relief
Multi-Party Proceedings
Consolidation
Joinder
Award Enforcement
Appeals Process
Mediation Prerequisite
Language of Arbitration
Severability
Waiver of Jury Trial
Document Preservation
Continuing Obligations
Good Faith
Survival
Arbitrator Selection
Notice Requirements
Choice of Law
Venue
Time Limitations
Cost Allocation
Confidentiality
Discovery
Expert Determination
Interim Measures
Emergency Relief
Multi-Party Proceedings
Consolidation
Joinder
Award Enforcement
Appeals Process
Mediation Prerequisite
Language of Arbitration
Severability
Waiver of Jury Trial
Document Preservation
Continuing Obligations
Good Faith
Survival
Relevant Industries
Relevant Teams
Relevant Roles
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