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Part XIII Dispute Resolution in the Construction Industry, 35 Managing Construction Conflict: Unfinished Revolution, Continuing Evolution »

Thomas J Stipanowich
From: Defining Issues in International Arbitration: Celebrating 100 Years of the Chartered Institute of Arbitrators
Edited By: Julio César Betancourt
This chapter focuses on the ‘Quiet Revolution’ in the US construction industry. By the last decade of the twentieth century, the construction industry was bogged down by the growth of litigation, making it one of America’s least efficient sectors. Suddenly, it seemed that everyone began exploring and proposing solutions to the construction industry’s crisis. These included initiatives focused on tackling the roots of construction conflict and promoting jobsite collaboration, including partnering and contract terms to more thoughtfully allocate risk and incentivize collaboration. Today, the spirit of the envisioned ‘Quiet Revolution’ is still evidenced in programmes anchored in ‘real time’ and on the jobsite. However, the litigation-oriented legal culture persists, exerting a ‘gravitational pull’ on everything it touches, especially mediation and arbitration.