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Paul E. Johnson
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Post & Schell, P.C.

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Media & Articles

Construction Group Co-Chair Wilson Looks at Strategy Behind Choosing Arbitration or Litigation for AGC's Constructor Magazine

November 12, 2014

Gary A. Wilson, Co-Chair of Post & Schell's Construction, Government Contracts & Surety Law Practice Group, recently provided analysis for choosing the right resolution strategy for complex construction claims. The article, "Arbitration Versus Litigation: Choosing the Right Strategy for Complex Construction Claims," appeared in the November issue of the Association of General Contractor's (AGC) Constructor Magazine

In discussing why the right strategy is so crucial, Mr. Wilson notes: 

"Complex construction claims and disputes bring with them a variety of factors from a legal standpoint: multiple parties, a web of legal and technical facts and information, related insurance issues, and millions of dollars for the parties involved, particularly general contractors.

These same factors make it a pivotal strategic decision whether to arbitrate or litigate, and in some cases mediate, complex construction claims. Importantly, the direction one chooses in these matters must be considered throughout the contract life cycle. Doing so ensures that the cost impact can be minimized through careful management of the process, from contract formation through project completion."