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September 25, 2023

Success in Construction Arbitration

In this episode of The Mobile Workforce Podcast, I had the pleasure of interviewing Sam Barakat, an esteemed expert witness and arbitrator in the construction industry. Sam’s extensive experience makes him an invaluable resource for businesses considering arbitration. We discussed the crucial steps parties need to undertake before diving into the arbitration process.

One key challenge is maintaining an objective understanding of the case. Emotional investment can cloud judgment, so seeking consultations from independent consultants and lawyers is vital. Additionally, separating strategies for completing work from evaluating issues is essential. Utilizing tools to assess scenarios and involving experts early on can help evaluate claims effectively.

Key Takeaways:

  • We caution against viewing construction disputes as a simple win-or-lose situation.
  • The shift towards relying more on procedures and project controls in the construction industry.
  • The challenges and benefits of virtual arbitration and mediation processes.
  • Addressing cyber attacks, we stress the importance of proactive measures and documentation.
  • Importance of objective understanding and quantifying claims
  • Balancing investment in defending/prosecuting claims with potential outcomes
  • Separating project completion from issue evaluation
  • Significance of documentation and record-keeping in the construction industry
  • Importance of settlements, compromises, and managing expectations