Alternative Dispute Resolution in Construction Contracts
Alternative Dispute Resolution in Construction Contracts

Author(s): Andrada Laura Tarmigan
Subject(s): Law, Constitution, Jurisprudence, Law on Economics, Court case
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: construction contracts; alternative dispute resolution; construction adjudication; expert determination; partnering techniques;
Summary/Abstract: The construction domain is predisposed to disputes, due to the complexity of contractual relations and the multiple parties involved, Alternative Dispute Resolution („ADR”) is used for avoiding prolonged and expensive litigation and maintaining a collaborative relationship between the parties. The construction industry is one of the best examples for ADR use, no matter if we are discussing: general procedures such as negotiation/mediation or specific tools for this field such as: early neutral evaluation, expert determination, dispute adjudication board, dispute review board, mini-trial or partnering. The purpose of this paper is to present some of the less popular construction ADR methods and their key role in dispute avoidance and minimisation of damages. The research methods comprise a comparative analysis of legislation, doctrine and studies at an international level. The topic’s practical importance is constantly increasing due to the legislative changes that lead to an increased number of construction works that require, above all, efficiency.

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