The construction industry faces significant challenges—including the lingering impact of COVID-19, global supply chain disruptions, labor shortages, inflation and the Russia-Ukraine war. Given these challenges, it’s hardly surprising that industry participants are facing an increasing number of disputes and that construction accounts for a significant portion of disputes across major global arbitration centers. For example, in 2020, 20% of the ICC’s caseload came from the construction industry, driven largely by an increase in contractual and force majeure disputes. “ICC Dispute Resolution 2020 Statistics,” International Chamber of Commerce.

In addition to representing a significant number of disputes, construction claims are becoming larger and more complex than ever before, with many involving damages well above $50 million.