Construction
AAA Construction Contract Clauses
ADR clauses
Including clear and enforceable arbitration and mediation clauses in your construction contracts is key to resolving disputes efficiently. The AAA provides tools such as ClauseBuilder® AI (Beta) to help you draft effective ADR clauses using AI technology. You can also use our ClauseBuilder online tool for more traditional clause drafting.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the AAA under its Construction Industry Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Specialized Rules Tailored to the Construction Industry
Benefits
AAA Construction Rules & Mediation Procedures: Developed with input from the National Construction Dispute Resolution Committee, these rules provide a framework for resolving disputes fairly and efficiently.
Fast Track Procedures: Applicable to two-party cases where claims or counterclaims do not exceed $150,000, aiming to limit the time and costs of cases.
Supplementary Rules for Fixed Time & Cost Construction Arbitration: Designed to help parties control arbitration costs and timelines, with clear provisions for the duration of proceedings and associated fees.
Efficiency Through Discovery Best Practices
Discovery
Built into Industry Contracts
For many decades, the AAA has been a named dispute resolution forum in many standard construction contracts, including those from the AIA and ConsensusDocs. This reinforces our role as a trusted, neutral administrator in the industry.
Smarter Discovery = Faster Resolution
To help parties avoid litigation-style delays and costs, the AAA promotes early agreement on the scope, timing, and method of discovery. Our Discovery Best Practices for Construction Arbitration guide encourages a focused and efficient exchange of relevant information.
Support for E-Discovery
For complex matters involving large volumes of electronic documents, in its 2025 E-Discovery Considerations for Construction Arbitrations, the AAA provides guidance on electronic discovery—preserving digital evidence, managing document production, and protecting sensitive or privileged information while keeping discovery proportional and cost effective.
Industry-Leading Expertise
Why AAA?
$111,525,872
largest claim in 2024
1,200+
Construction Panelists, consisting of attorneys and industry professionals
2.8x faster
median time to award for claims $100K-$999K vs. U.S. District Court in 2024
Innovative Approaches to Construction Dispute Resolution
Innovative Approaches
Dispute Avoidance & Early Resolution: Includes Dispute Avoidance and Resolution Boards (DARBs) and Initial Decision Maker Procedures to address issues before they escalate.
Project Neutrals: Experts are integrated into project teams to provide advisory, mediation, or decision-making services, helping keep projects on track.
Partnering Facilitators: Specialists that assist stakeholders in achieving mutual goals through collaboration and workshops that promote long-term project success.
Types of Construction Disputes We Handle
Dispute types
- Commercial and residential construction conflicts
- Disputes over contracts, delays, quality, and costs
- Real estate disputes
- Market value assessments for land or structures
- Lease and operating expense disagreements
- Title disputes, partnership agreements, and zoning issues
- Environmental disputes
- Pollution control and cleanup efforts
- Chemical regulation for industrial projects
- Complex multi-party and multi-jurisdictional disputes
- Home construction disputes
- New Jersey residential construction lien disputes
The AAA Construction Panel of Arbitrators and Mediators
Panel
The AAA Construction Panel is a carefully curated group of professionals with a proven track record in handling construction-related disputes. These arbitrators and mediators bring diverse, real-world experience to resolve conflicts efficiently and fairly. What Sets the Construction Panel Apart:
Hands-On Experience
Many panelists have worked directly in construction, engineering, architecture, or project management, providing them with an insider’s perspective on industry challenges.
Practical Problem Solving
Panelists excel in addressing disputes involving technical complexities, contract interpretation, and project-specific nuances.
Focused on Collaboration
Panelists help parties find resolutions that preserve professional relationships and maintain project momentum by fostering communication and understanding.
Construction Industry Panel
Composed of highly qualified construction attorneys and professionals with deep knowledge of industry complexities.
Mega Project Panel
Focused on disputes arising from large-scale construction and infrastructure projects, featuring top-rated arbitrators experienced in handling major construction cases.
Featured Construction Panelists
Panelists
John Ahlers
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Lisa Colon
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Cherrie Fisher
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John Higgins
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Leonard Kessler
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Andy Ness
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Giovanni Ruscitti
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Heather Shore
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Latest updates
News
Proven Strategies for High-Stakes Construction Disputes
The Client’s Playbook: Arbitration Strategies for High-Stakes Investment Risk
DARBs in Construction: How Dispute Avoidance and Resolution Boards Save Time, Money, and Relationships
AAA® Releases Best Practices for E-discovery in Construction Arbitrations
Self-representation
Are You Self-Represented?
Documents for Construction Arbitration and Mediation
Rules, forms, and fees
Construction Industry Arbitration Rules and Mediation Procedures
AAA Dispute Avoidance and Resolution Board Rules and Procedures
AAA New Jersey Residential Construction Lien Arbitration Rules
Commercial Disputes Arbitration Rules and Mediation Procedures
Construction Industry Initial Decision Maker (IDM) Procedures
Optional Appellate Arbitration Rules
Revised Home Construction Arbitration Rules and Mediation Procedures
Supplementary Rules for Fixed Time and Cost Construction Arbitration
Construction Arbitration and Mediation Administrative Fee Schedules
AAA Dispute Avoidance and Resolution Board Fees
Expert Resources to Navigate Construction ADR Services
Document Library
2023 Construction Infographic
AAA Standards of Conduct for Parties and Representatives
Arbitration for Homeowners
Discovery Best Practices for Construction Arbitration
E-discovery Considerations for Construction Arbitrations
Educational Presentation on Construction Dispute Resolution
Summary of Changes to Construction Industry Arbitration Rules
The Plans Aren't Drawn as You Might Think: Debunking 6 Myths about Construction Arbitration
Specialized services
Specialized services
- List Only & List with Appointment: With List Only Services, the AAA provides the parties with a tailored list of qualified arbitrators. The service is limited to providing a list. With List and Appointment, the AAA provides a list and facilitates the selection of the arbitrator and the appointment process, including the ranking, an invitation to serve, and the conflict checks.
- Deposits for Non-Administered Cases: For cases not administered by the AAA, a deposit is required to reserve AAA hearing rooms, access AAA arbitrators, or use other AAA services. This ensures timely payment for facilities and support in non-AAA cases.
Take the Next Step
Contact us
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