Construction & Real Estate Arbitration Lawyers
The contract named the AAA or JAMS. The project went wrong. Now the dispute is about payment, delay, defects or a deal that did not close.
We represent owners, developers, contractors, subcontractors, buyers, sellers and brokers. Counsel in more than 130 arbitrations before AAA, JAMS and NAM since 2019.
Construction disputes are won on schedules, drawings and daily logs.
Standard industry contracts send disputes to arbitration under construction rules. Those rules expect technical evidence: schedules, change-order logs, inspection reports, photographs and expert analysis.
Arbitrators on construction panels often have industry backgrounds. They read the documents closely.
Real estate contract disputes are similar. The purchase agreement, the brokerage agreement and the closing file decide the case. We organize that record and bring the right experts.
Construction is one of the AAA’s core caseloads.
Published AAA figures for 2025 construction cases.
Smaller claims move on a fast track. Larger ones get full procedures, often with three arbitrators. The contract and the amount decide which. Sources: AAA, Construction Arbitration; JAMS, Engineering and Construction Arbitration Rules.
Payment, performance and property.
Payment and change-order claims
Unpaid contract balances, disputed change orders, back-charges and retainage. The change-order log and the approvals are the evidence.
Delay and disruption
Schedule analysis, liquidated damages, extensions of time and acceleration claims, supported by scheduling experts.
Defective work and design
Causation, repair cost and responsibility among owner, designer, contractor and subcontractors. Engineers and cost experts retained for hearing.
Purchase and sale disputes
Failed closings, deposit disputes, misrepresentation and condition-of-property claims under contracts that require arbitration.
Brokerage and commission disputes
Commission claims, exclusivity disputes and procuring-cause questions between brokers, clients and co-brokers.
Liens and parallel proceedings
Coordination of mechanic’s lien rights, bond claims and court proceedings with the arbitration schedule.
How a construction arbitration runs.
AAA Construction Rules and JAMS Engineering and Construction Rules set the procedure. The project file sets the facts.
Contract and claim review
Prime contract, subcontracts, general conditions and any dispute-resolution steps that must come first, such as mediation or an initial decision maker.
Preserve the project file
Schedules, logs, photographs, pay applications, change orders, emails and messages, collected before they scatter.
Demand or answer
Filed on the provider’s deadline, with lien and bond deadlines tracked separately.
Experts and exchange
Scheduling, cost and defect experts. Document exchange focused on what the arbitrators will need.
Hearing and award
Tried before one or three arbitrators, often with site inspection. The award is confirmed in court if payment does not follow.
Counsel and experts, matched to the dispute.
Counsel in more than 130 arbitrations.
Before AAA, JAMS and NAM since 2019, for claimants and for respondents. We know each provider’s list procedures, fee schedules and deadlines, and the courts that compel, confirm and vacate.
Experts retained to fit the case.
Forensic accountants, damages analysts, cybersecurity and authentication specialists, payments professionals, construction engineers and compensation experts, prepared for hearing.
Document the condition before anyone touches it.
Lien deadlines, notice provisions and provider deadlines run on separate clocks.
- Photograph and video the site or the property as it stands
- Collect the contract, change orders, pay applications and all correspondence
- Send contract notices of default or claim in the form the contract requires
- Track lien, bond and notice deadlines separately from the arbitration
- Speak with counsel before hiring a replacement contractor or releasing a deposit
- Repair or demolish disputed work before it is documented and inspected
- Stop paying undisputed amounts without advice; it can convert your claim into a default
- Rely on verbal change-order approvals
- Release escrow or a deposit on the other side’s say-so
- Miss the mediation or initial-decision step the contract requires before arbitration
From the firm’s writing.
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What the contract and the building file should show before you sign.
Read the articleReal Estate Wire Fraud Attorney: Was Your Email Compromised?
Why attribution of the compromised mailbox decides who bears a closing loss.
Read the articleNYC Arbitration Lawyer: 7 Questions to Ask Before Hiring
What to ask before you retain counsel for an arbitration.
Read the articleFrequently asked.
No. Lien rights and arbitration are separate. Lien deadlines are strict and must be tracked independently. The lien foreclosure action can often be stayed while the arbitration proceeds.
The contract names them. Standard industry forms often name the AAA Construction Industry Rules. Other contracts name JAMS Engineering and Construction Rules. Each has fast-track procedures for smaller claims.
For delay, defect and cost-to-complete claims, usually yes. Arbitrators on construction panels expect technical analysis, and the other side will have it.
If the contract says so. Some New York purchase and brokerage agreements include arbitration clauses. Deposit disputes often turn on the contract’s default and cure provisions.
Fast-track cases for smaller claims move quickly. Larger multi-party cases with experts take longer. The AAA reports that mid-sized claims reach award about three times faster than federal court cases reach trial.
Yes. We represent owners, developers, general contractors, subcontractors, suppliers and brokers, as claimants and respondents.
Other areas of the practice.
Every category we arbitrate, from consumer claims to complex commercial disputes. Back to the overview.
Project stalled or deal collapsed? Start with the file.
Call for a confidential consultation. We will tell you what the contract requires, which deadlines are running and what the claim is worth.