Abraham J. Gafni, Neutral, Mediator and Arbitrator with ADR Options. Courtesy photo

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ADR

Contracts among owners, general contractors and subcontractors will invariably contain provisions detailing the forum and procedures under which their disputes are to be resolved. Of critical importance to the general contractor, of course, will be that these provisions be consistent. Otherwise, it may find itself arbitrating against the owner in in one jurisdiction while litigating its dispute with a subcontractor in court in another. This may result, of course, in significant additional expense and potentially inconsistent results.