Arbitration's Role in Construction Disputes

by Thomas B. Treacy, Buckley, Treacy, Schaffel, Mackey, & Abbate, United States,

Document Type: Proceeding Paper

Part of: Excellence in the Constructed Project


The earliest arbitration idea arose when two parties to a contract were unable to agree and thereupon submitted the question to an independent party to decide the issues. Most states now have laws which will enforce the binding effect of arbitration. The first modern arbitration laws were passed in the late 1920's. Congress passed the U.S. Arbitration Act in 1925. In 1955, Commissioners of Uniform State Laws adopted the Uniform Arbitration Act. The standard AIA form entitled 'General Conditions of the Contract for the Construction of Buildings' which was copyrighted in 1915, 1918, 1925, 1937 and 1951 by the American Institute of Architects. The present arbitration clause is found in AIA document A201 (1987), subparagraph 4.5.1 of the General Conditions. The paper discusses this and other aspects of the subject, including steps to take when faced with arbitration and drawbacks to arbitration.

Subject Headings: Laws | Arbitration | Construction management | Building codes | Construction industry | Architects | Dispute resolution | Contracts

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