Investigation of Claims and Disputes Settlement by Arbitration for Highway Construction. Executive Summary and Final Report

摘要

The report represents an overall status review on the use and implementation of arbitration in public highway construction agencies. The agencies using arbitration were interviewed to obtain information on the overall effectiveness of arbitration versus litigation. Agency opinions were generally biased against using arbitration. The major problem noted was in regard to the procedural inadequacy of arbitration rules. The study clearly demonstrates that arbitration for public construction has as many variations in structure and format as there are arbitration users. Moreover, the study also shows that a great deal of advanced planning and cooperation between potential system users will be necessary for satisfactory implementation.