Using arbitration for construction disputes gives the parties flexibility to tailor many aspects of the process, including the choice of arbitrator, extent of discovery, and the hearing procedures. Understanding the likely preferences of the arbitrators can be critical to success – on damages issues as well as the merits.
In substantial construction disputes, the parties’ expert witnesses present the key evidence regarding the claimed damages. The opposing experts also critique each others’ presentations, and the arbitrators make their decision based largely on their evaluation of the methodology and credibility of the opposing experts.
This session will explore the key methodologies experts utilize to calculate construction damages, and how arbitrators tend to view them. Methodologies for calculating delay damages, disruption (loss of productivity), acceleration damages, and lost profits will be discussed. The panel will also address their preferences regarding the most effective procedures for presenting damages evidence.
