The party responding to a proposed design or construction contract may satisfy itself that the contract proposes arbitration or litigation to resolve any disputes and leave it at that—as long as the method of resolution is generally aligned with the party’s preferences. In order to eliminate surprises for their clients if a dispute arises and balance efficiency with the desire for a fair process, construction and design attorneys expend much effort to understand the specifics of the proposed resolution process. In my latest column for the Daily Journal of Commerce, I outline items in a checklist I have created that I advise my clients to consider including in their arbitration provisions. Read the full article here.

Originally published by the Daily Journal of Commerce on April 20, 2023.