Over the last two decades, a quiet revolution has taken place in construction dispute resolution across much of the common-law legal world. Following the lead of England and Wales, many foreign jurisdictions now make expedited adjudication processes available to construction companies. This list includes all Australian territories, Singapore, Malaysia, New Zealand, Scotland and Ireland. These processes were designed to avoid the costs and time of litigation, and to reduce the likelihood that a project will be delayed because an unpaid party is unable to continue work. Detractors argue that these benefits can come at the expense of accuracy. New York makes a similar process available—expedited arbitration under the Prompt Payment Act. This article explores some of the similarities and differences between the processes available in New York and England and Wales.
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