March 22, 2019 Substantive Law

Resolving Construction Disputes through Baseball Arbitration

By Lochlin B. Samples

Reprinted with permission from the ABA Forum on Construction Law's newsletter Under Construction, Spring 2019 (20:3) at 1-3. ©2019 by the American Bar Association. All rights reserved. This information or any or portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

Professional baseball has successfully implemented a dispute-resolution procedure that has both decreased the costs of arbitration and expedited resolution of disputes.  The construction industry would benefit from the incorporation and adaptation of the “baseball arbitration” procedure in construction disputes.  This article is not theoretical; it is based on experience adapting baseball arbitration concepts to construction disputes.

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