Unconscionable Predispute Arbitration Provisions In Construction Contracts
October 1, 2002
photo-3icRendiceaders of this publication know that it is common practice in the construction industry to use predispute arbitration provisions in construction contracts. Many form contracts used in the industry, such as those drafted by the American Institute of Architects (AIA), include such provisions.1
Part of a Larger Trend
The use of predispute arbitration provisions in construction contracts is a facet of a larger trend. Predispute arbitration agreements emerged in the early decades of the 20th century as photo-4a means of facilitating contracts between business enterprises engaged in interstate commerce. They soon found their way …
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