Arbitration versus Litigation in Construction Contracts: Considerations to Take into Account, NYREJ
By Andrew L. Richards, co-managing partner – Long Island office of Kaufman Dolowich & Voluck, LLP (KDV) and Chair Construction Law practice group. Published by New York Real Estate Journal (NYREJ) – May 2019
One of the many important choices a developer or contractor faces when it prepares its construction contracts is whether to include an arbitration provision to resolve disputes or litigate any disputes in a court of law. There are a few major considerations to take into account in making the choice. The main factors in choosing litigation or arbitration are: (i) Whether the construction contracts contain “notice” clauses for extra work claims and time extension requests; (ii) the cost and time involved in arbitration or litigation, and (iii) the qualifications of the person deciding the issues.