Hot Tubs and Other ADR Remedies for Disputes that Ail You

摘要

The prompt resolution of claims is more essential than ever on the modern constructionprocess. The speed, frequency, and complexity of changes, as well as the conditionalavailability of project financing, have linked project success and efficient claim resolutionmore closely than they have ever been in the past. This article explores how expertbasedapproaches to ADR can be tailored to facilitate claims resolution on even the mosttroubled projects. By effectively integrating subject matter experts into the ADR process,parties may be able to resolve issues on complex construction projects more quickly andefficiently. Accordingly, this article will address concurrent expert testimony, also knownas “hot tubbing,” and how this process helps foster expert-based ADR. This article willthen proceed to explore how hot tubbing may be modified so that it better fits the needsof the dispute at hand. This article was first presented as CDR.2608 at the 2017 AACEInternational Annual Meeting, now the annual Conference & Expo.