In addition to promoting the usage of other compelling dispute resolution alternatives such as dispute review boards, this Article advances the argument for marginalizing the over-involvement of and dependence upon zealous adversarial attorneys when attempting to resolve time sensitive construction disputes. More specifically, the remainder of this Article is divided into four main sections. Part II will introduce the construction industry's transactional system through the lens of principal construction professionals, examine the different types of construction contracts, and outline some common time sensitive construction disputes. Part III will provide an overview of alternative dispute resolution's rich connection to the construction industry, highlight the advantages and disadvantages of using arbitration over litigation, and describe the rise and decline of arbitration within the industry. In addition to the traditional arbitration critiques, Part IV will explore the zealous advocate's role in resolving construction disputes as another cause for arbitration's decline in the construction industry. Moreover, Part IV will recommend dispute review boards as the appropriate dispute resolution methodology for resolving time sensitive construction disputes.
Resolving Time Sensitive Construction Disputes:
Are Attorneys Just Getting in the Way?,
16 Pepp. Disp. Resol. L.J.
Available at: https://digitalcommons.pepperdine.edu/drlj/vol16/iss3/4