For the first time in almost a decade, the American Arbitration Association has amended its construction industry arbitration rules for a more streamlined and efficient process as a result of feedback from construction advocates, arbitrators, and other construction industry professionals. The new rules include substantive and technical changes that will impact how the AAA will arbitrate a variety of construction disputes. In light of these amendments, parties will need to conduct thorough preliminary investigations as to all parties that may be necessary to resolve a dispute, evaluate the costs associated with potential dispositive motions, and understand the need for discovery to effectively present their claims or defenses. Construction industry professionals should consider these recent changes at the early stages of a project when deciding on dispute resolution provisions in their construction contracts.

Below highlights the key changes in the new rules, which went into effect on March 1, 2024.