Although the purpose of these articles is to explain the reasons why construction arbitration is complex, it is necessary to make a brief reference to other means of dispute resolution  in this industry that are frequently used and often form part of escalation clauses for dispute resolution to avoid arbitration. Through these escalation clauses, the parties agree to go through a series of pre-arbitration proceedings in order to try to resolve the dispute beforehand. These ty

Ever noticed how construction claims almost never are raised by one party only? In the new article, we flip the board and explore the claims that employers typically bring against contractors . Defective works, punch lists, performance issues and on-demand guarantees take the stage.   The client may also make claims against the contractor for non-compliance with the contract. In summary, the following are the most frequent claims.    1. For defective work .    This claim may

Delays, suspensions and loss of productivity damage: the most common contractors claims in construction arbitration. In this new article from the Construction Arbitration  series, we analyze the most frequent claims contractors bring against project owners. 1.3  Suspension of the works    In principle, contracts do not usually authorize the parties to suspend the execution of the work because this would be detrimental to its timely completion. However, sometimes the client ma

The contract said one thing, but the reality of the project led us down another way.   From my experience in construction arbitration, few areas are as fascinating —and as complex— as this one.  Contracts may look clear on paper, but real projects bring surprises: delays, design changes, unexpected risks… and of course, claims .  With the purpose of understanding construction arbitration, we have so far analyzed what a construction contract is and the different variables that

There are hidden parties in construction contracts. Be careful when drafting or analyzing a construction contract: there are hidden parties you must consider. In this new article of the series on arbitration and construction contracts, I explore how the multiple parties involved —clients, contractors, subcontractors, project managers, engineers, suppliers, and more— create a web of legal relationships that can complicate any future dispute . In this article I continue with t