An arbitrator, or panel of arbitrators in the construction arbitration process, is similar to the roles of the judge and jury. The arbitrators hear the evidence and reach a decision on the matter in dispute. The arbitration process can follow many of the judicial processes, yet is less formal than a court, with the decisions enforceable by the judicial system. Most arbitration matters begin when one party "demands" arbitration to settle a contract dispute.

To arbitrate a dispute, the arbitrator must be authorized by the parties to the dispute. This is typically included in the contract documents for the project. It can also be arranged through a supplemental agreement. The arbitrator must also have the cooperation of the parties to successfully resolve the dispute. While cooperating, the dispute may involve counter claims and revisions to the initial claim.

Arbitration can succeed in keeping costs and time down in resolving construction disputes. The qualities of an Arbitrator are crucial in this respect. An arbitrator should conduct the proceedings in an efficient manner as practical. The key is to let both sides have the opportunity to present their information. The arbitrator may or may not allow the claims and counter claims to be revised during the hearings. The arbitrator has the authority to direct the parties to move forward in their proceedings and presentations. Testimony can be supplemented with the arbitrator asking questions of the participants.

In some cases the arbitration panel may consist of three members. This occurs when each party appoints an arbitrator and the third arbitrator member is a neutral. An alternative to this is a panel consisting of three neutrals, panel members that do not have any relationship with any of the parties.

The American Arbitration Association (AAA) has three "tracks" for arbitrating disputes. They are the Fast Track for disputes under $50,000, Regular Track for those between $50,000 and $1 million and the Large, Complex Case Track for disputes over $1 million. Each track has specific rules regarding the arbitration process.

Tempest Company’s President is an Arbitrator with the American Arbitration Association and provides these services through the AAA. Tempest Company can provide you with knowledge and insight in keeping arbitration a viable, less expensive and expedited method of resolving disputes when compared to courtroom proceedings.

CLAIMS EVALUATION AND PREPARATION

When a claim situation arises, it needs to be evaluated to determine its’ validity before the preparation of the claim begins. The evaluation will result in a recommendation of the merits of the claim.

The evaluation and preparation of a claim can be a time consuming process. Not all of the facts are initially available, some may never be determined. However, at Tempest Company, we believe disputes can be resolved.

Should a claim situation arise, documentation consisting of contract documents and job records, along with cost and schedule information, is assembled, analyzed and prepared for presentation. The analysis of a claim considers all areas of contention. Claim issues typically involve disruption, delay, acceleration and impact in addition to the direct work scope.

Tempest Company’s estimate of the claim amount itemizes the issues and amounts involved. Our as-bid evaluation estimates are used to determine a reasonable starting point for the original bid conditions. Actual productivity’s are compared to estimated amounts. The total estimate package provides documented, trackable cost information for the project.

As-built and Retrospective schedules are prepared to graphically represent the events as they occurred or as they might have been. Comparisons are made to the original schedule. The differences are pinpointed, along with the reasons for the variances.

LITIGATION SUPPORT / EXPERT TESTIMONY

Experts abound in this world, each one has an opinion. At Tempest Company our opinions are supported by facts with comprehensive support information on the issues.

Construction practices and procedures are an integral part of our knowledge. These include estimating and bidding, project management, project controls, along with subjects such as marketing and business operations.