November 23, 2023

Resolving Construction Disputes Mid-Project

In Lexpert’s Special Edition on Litigation, Andrew Parley was interviewed for an article feature on construction disputes. Andrew provided his expert insights on the use of mediation mid-project in construction matters to keep projects on track when disputes arise.

...

“Whereas there was probably a time where you can get in front of a judge and get some quick decisions on an urgent matter in real time, that’s become more and more difficult”

“The parties to construction projects are not very frequently turning to the courts and are far more often relying on alternative dispute resolution or private arbitration to deal with the disputes that arise on their projects.” 

“That mediation process is helpful and often the best way forward, It requires counsel who understand the imperative of keeping the project moving. It requires a mediator who understands the nature of the project and often some of the technical issues arising on a given project."

“It’s partly because the players within the construction industry are not convinced that the statutory adjudication process provided by the Construction Act is helpful or will allow them to resolve their mid-project disputes in real time.”