Dispute Resolution
The Construction Industry's Guide to Dispute Avoidance and Resolution
The ABA On Construction Disputes
Six Tips For Successfully Resolving Construction Disputes
Guidelines on Construction Dispute Resolution-Construction Industry Council
H-G Legal Research Center: Resolving Commercial Construction Disputes
ALTERNATIVE DISPUTE RESOLUTION
ASCE Policy Statement 256
Approved by the Engineering Practice Policy Committee on March 26, 2015
Approved by the Public Policy Committee on May 18, 2015
Adopted by the Board of Direction on July 18, 2015Policy
The American Society of Civil Engineers (ASCE) supports dispute avoidance and alternative dispute resolution techniques such as those contained in the Engineers Joint Contract Documents Committee's (EJCDC) documents to bring disputes related to engineering and construction to a fair, timely and cost-effective conclusion without litigation.
Issue
Resolution of engineering and construction related issues through litigation can be costly and time consuming. Time delays and the cost of litigation may be disproportionate to the issues involved. Dispute avoidance and alternative dispute resolution techniques are accepted in the industry. There is a need to continue development and implementation of methods that produce timely and cost-effective resolutions of engineering and construction disputes.
Rationale
ASCE has participated for many years in the National Construction Dispute Resolution Committee of the American Arbitration Association and has contributed to many of the techniques currently used in alternative dispute resolution procedures. ASCE believes barriers to cooperative relationships and voluntary resolution of disputes can best be eliminated if all parties -- as a matter of policy, in advance of any problem or dispute -- agree to consider using good dispute avoidance and resolution practices in their project relationships. There is a need to use methods of dispute resolution that directly address to the problem in a fair, immediate and cost-efficient manner. The use of the dispute resolution provisions in the EJCDC documents achieves these objectives. The continued development and implementation of effective methods is encouraged.
ASCE Policy Statement 256
First Approved in 1979
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