Part 2: The Role of an Arbitrator in the Construction Industry
Specific Functions and Responsibilities An arbitrator in the construction industry plays a crucial role in resolving disputes that arise from complex construction projects. Their primary function is to act as a neutral party who listens to both sides of a dispute, evaluates evidence, and makes a binding decision. This role requires a deep understanding of construction law, contract interpretation, construction terms, the different roles and responsibilities of the persons involved with construction projects, the applicable standards of care, and the complicated issues that can arise both during and after completion of construction projects. Arbitrators manage the arbitration process from start to finish, in conjunction with counsel for the parties. This involves conducting preliminary hearings, setting schedules, ensuring compliance with procedural rules, and ultimately delivering an impartial award. In construction disputes, arbitrators may need to consider technical details, such as construction means and methods, industry standards, and both foreseeable and unforeseeable events which can impact project timelines. Importance of Industry-Specific Knowledge The importance of having an arbitrator with industry-specific knowledge cannot be overstated. Construction projects involve technical issues that an arbitrator without decades of construction litigation experience might not fully understand or appreciate. An arbitrator with a background in construction litigation,