Usually yes; but not always.
An arbitration clause is a standard
feature of every AIA contract and
most other construction contracts, as
well. It generally is a good idea, and
usually helps the "good guy" in any
dispute. This is because construction
disputes are typically resolved faster
and cheaper through arbitration than
in court. But arbitration is not always
the best route.
To decide whether you want an arbitration
clause in your contract, and
whether you want the one that AIA
uses, you have to understand the law
and procedure of arbitration. This article
will outline basic arbitration law,
and typical arbitration procedure. In
the next issue, we'll discuss advantages
and disadvantages of arbitration, and
the strategic decisions you can