Construction Dispute Resolution
AAA Construction Arbitration & Mediation 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 original ClauseBuilder online tool for more traditional clause drafting based on the AAA’s standard, template construction clause language.
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 Industry Arbitration Rules & Mediation Procedures: Developed with input from the National Construction Dispute Resolution Committee, these rules provide a framework for resolving construction 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. These Supplementary Rules apply only in construction arbitrations involving two parties.
AI Arbitrator
Use for a Simulated Decision or a Binding Award
Available now for two-party, documents-only construction cases, the AI Arbitrator uses AI to analyze submissions and surface key issues, supporting a more efficient process, while a human arbitrator issues the final, binding decision. Later this year, parties will also be able to use the Resolution Simulator for a nonbinding, simulated decision.
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 industry form 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, the AAA’s 2025 E-Discovery Considerations for Construction Arbitrations 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 for Construction Dispute Resolution?
$514,000,000
largest claim in 2025
1,170+
Construction Panelists, including attorneys with construction industry expertise and industry professionals
3x faster
median time to award for claims $100K-$999K (awarded cases closed in 2025) vs. U.S. District Court median time to trial in 2025
Mega Project Panel
Handling the World’s Largest Construction Disputes
The AAA maintains the Construction Mega Project Panel, composed of highly experienced arbitrators who regularly handle complex, high-stakes disputes arising from major infrastructure and large-scale construction projects. These may include heavy industrial and energy facilities, advanced manufacturing hubs, and major urban developments. Within our construction arbitration services, these panelists bring substantial expertise in managing disputes involving multi-party proceedings and complex technical issues.
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. Learn More
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.
Featured Construction Panelists
Panelists
Charles Boland
some popup context to be here in Rich text
Eileen M. Diepenbrock
some popup context to be here in Rich text
Cherrie Fisher
some popup context to be here in Rich text
Jocelyn Knoll
some popup context to be here in Rich text
Kenneth Rubenstein
some popup context to be here in Rich text
Tim Austin
some popup context to be here in Rich text
Cliff Shapiro
some popup context to be here in Rich text
Leslie O'Neal
some popup context to be here in Rich text
Latest updates
News
2026 AAA Construction Conference: Building Resilience
DRBF 2026 International Conference and Workshops
Inside the AAA Construction Conference
Managing Data, Documents, and Deadlines in Construction Cases
Blueprints for Resolution: ADR Clauses in the Age of AI
Self-representation
Are You Self-Represented?
In arbitration, you don’t have to have a lawyer represent you (unless state law requires it). Many people—including individuals and small business owners—choose to handle arbitration on their own.
It’s important to know that arbitration is a final and binding process that can affect your rights. So, if you are considering representing yourself, it’s a good idea to talk to a lawyer. If you do decide to go through arbitration without a lawyer, the AAA has resources to help you.
Documents for Construction Arbitration and Mediation Services
Rules, forms, and fees
Construction Industry Arbitration Rules and Mediation Procedures
Construction Arbitration and Mediation Administrative Fee Schedule
Construction Demand for Arbitration
Submission to Dispute Resolution
Request for Mediation
Home Construction Arbitration Rules and Mediation Procedures
Home Construction Industry Administrative Fee Schedule
Home Construction Demand for Arbitration
Commercial Arbitration Rules and Mediation Procedures
AAA Dispute Avoidance and Resolution Board Rules and Procedures
Expert Resources to Navigate Construction ADR Services
Document library
2025 Construction Dispute Resolution Infographic
2023 Construction Dispute Resolution 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 Construction Dispute Arbitration 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 AAA’s 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 to ensure timely payment for facilities and support in non-AAA cases.
AAA Construction Rules AI Chatbot
Ask a question
This Construction Rules - AI Chatbot is provided for informational purposes only. When using this tool, you are interacting with AI, not a human being, and like any AI tool, it can produce incorrect, incomplete, or outdated information. The AAA® does not monitor the chatbot’s responses in real time and makes no representations or warranties, express or implied, regarding the accuracy, completeness, timeliness, or reliability of its responses. The AAA also assumes no liability for actions taken based on your use of this chatbot. No legal advice is being given, and no attorney-client relationship is being created, by your use of this chatbot. You should not act or rely on the information provided without first seeking an attorney’s advice. Lastly, by using this chatbot, you agree that the AAA may collect and use your non-confidential inputs and feedback to improve the chatbot.
Made by Josef. All rights reserved. JosefQ Privacy Policy.
Frequently Asked Questions
FAQs
What types of construction disputes are commonly resolved through the AAA?
The AAA resolves construction disputes across all phases of a project, from straightforward two-party matters to complex, multi-party and multi-jurisdictional cases. Our arbitrators and mediators bring deep industry experience to each matter, supporting efficient, informed outcomes.
We handle a wide range of disputes, including commercial and residential construction conflicts, environmental and regulatory issues, and market value assessments.
What rules govern construction arbitration and mediation at the AAA?
The AAA’s Construction Industry Arbitration Rules and Mediation Procedures support fair, transparent, and efficient arbitration and mediation processes, informed by decades of experience resolving construction disputes.
Visit our Construction Rules, Forms, and Fees page to consult the specific rules applicable to your project.
How are arbitrators selected for construction disputes?
If the parties’ contract does not specify how the arbitrator or arbitrators are to be selected, the selection process is governed by the AAA Construction Industry Arbitration Rules. For construction cases, the arbitrator(s) are generally selected through the rank and strike method, from a list the AAA provides. The AAA encourages the parties to agree on the arbitrator(s), if possible.
Can the AAA manage multi-party construction disputes involving owners, contractors, and subcontractors?
Yes, the AAA regularly administers complex, multi-party construction disputes, as well as multi-jurisdictional disputes. The AAA and its panel of experienced arbitrators and mediators are well equipped to handle the complexity of these disputes.
How does the AAA handle construction delay and scheduling disputes?
The AAA administers delay and scheduling disputes under its Construction Industry Arbitration Rules and Mediation Procedures, which are designed to address construction issues efficiently and fairly.
The AAA Construction Panel includes arbitrators and mediators with experience handling disputes involving delays and scheduling issues.
Are there procedures for large or complex construction projects?
Yes, the AAA has specific procedures to address large or complex construction disputes. The AAA Construction Industry Arbitration Rules and Mediation Procedures provides a structure to accommodate large-dollar claims, complex multi-party disputes, and complex technical issues.
These procedures are further supported by the AAA Construction Mega Project Panel, composed of arbitrators who regularly handle complex, high-stakes disputes arising from large-scale construction and infrastructure projects. These panelists bring substantial expertise in managing multi-party and technically demanding cases.
Are there streamlined options for smaller construction claims?
Yes, the AAA offers Fast-Track Procedures for two-party cases in which claims or counterclaims do not exceed $150,000 with the goal of limiting the time and costs of those smaller dollar-value cases. The AAA also maintains Supplementary Rules for Fixed Time & Cost Construction Arbitration to help establish clear provisions for the duration of proceedings and associated fees. These rules are particularly well-suited for small to mid-sized construction disputes.
Can construction disputes be resolved through mediation before arbitration?
Yes, it’s possible for parties to resolve construction disputes through mediation before they advance to arbitration. Mediation is often viewed as a preferable way to resolve disputes, as it can lead to faster resolution and help preserve relationships. Our construction mediation services may be a suitable option if the parties believe they can reach a resolution through discussion and compromise. Even if the arbitration process is already underway, the parties can still mediate at any time before the arbitration award is issued.
If the parties do not resolve their dispute through a mediation process, one or more parties may decide to proceed with arbitration (if there is an arbitration agreement) or litigation. Even if the parties do not reach a full settlement in mediation, they often walk away with a better understanding of their dispute and a clearer sense of the next steps.
Does the AAA handle disputes for public and private construction projects?
The AAA administers construction disputes across public and private projects, from government contracts to private development. Our arbitrators and mediators apply the AAA Construction Industry Arbitration Rules and Mediation Procedures to provide a consistent, reliable framework for resolving a wide range of construction matters.
Can the AAA handle construction disputes involving engineering or technical issues and expert testimony?
Yes, the AAA is well-equipped to handle construction disputes involving complex or technical issues, such as engineering, structural and design defects, or geotechnical conditions. Our Construction Panel includes experienced construction attorneys and industry professionals who bring deep, practical knowledge to construction dispute resolution. Our panelists bring the experience needed to address disputes involving technical complexities, contract interpretation, and project-specific nuances.