Construction SuperConference 2017

E10 Streamlining Your Arbitration: How to Avoid Reliving That Construction Project "Brick by Brick" (Room Chopin 4)

Cases involving tens, if not hundreds, of individual change orders that need to be decided can certainly cause you to relive a project. What is the best approach as the advocate and the arbitrator in dealing with that situation? What can the advocates give to the arbitrator to make his or her job easier in deciding this type of case? In order to make the proceedings cost-efficient and affective, arbitrators should exercise the proper amount of control over the proceedings. But, what happens when the parties collectively resist and want the arbitrators to exercise less (not more) control?

Upon completion of this session, participants will be able to:

  • Understand the best approach to managing a complex arbitration involving difficult projects.
  • Understand what to provide to the arbitrator to make his job of deciding a case for a project with many change orders easier.
  • Understand how to work with opposing counsel and arbitrators to effectively manage the process.