Arbitration agreements have become commonplace in construction contracts. As a result, a significant portion of construction disputes are resolved privately through arbitration rather than in public courts.

Arbitration has many benefits ranging from cost savings and faster resolutions to a private forum that keeps disputes from spilling out into the public arena to adjudication by an experienced construction practitioner. There is good reason why most construction lawyers recommend arbitration to their clients and why those clients regularly come away satisfied with that recommendation.

But for all the considerable benefits of arbitration, there is a downside: the increasing prevalence of arbitration has contributed to a slowdown in the development of construction law.

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