If you are in construction, you have likley run across (or even drafted) a dispute resolution provision into your construction contract.  If you’ve been building for any length of time, you’ve read dispute resolution provisions containing mandatory arbitration clauses.  These clauses can be found in the AIA documents and in many of the contracts that I review for my clients in my role as construction lawyer and counselor.  More often than not, these arbitration clauses require arbitration (read “private court”) and refer to one of several sets of rules, though most likely the American Arbitration Association (“AAA”) Construction Industry rules.  In Virginia, as in most of the United States, these clauses are read liberally and enforced by courts except in limited cases such as waiver. Continue Reading