The construction industry is a leader in the application of alternative dispute resolution (ADR) techniques and processes, such as arbitration and mediation— and for good reason. No other industry is plagued by as many routine and unique claims as during the design, engineering and construction phases. In Texas alone, the claims on commercial (vertical construction, including high-rise); industrial; chemical; oil and gas; and infrastructure projects can reach billions of dollars. The litigation involving such projects can take years; thus, ADR (arbitration, mediation, structured negotiations, etc.) is entrenched in the construction industry and used frequently by construction practitioners.
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