Of 'Procedural Arbitrability': The Effect of Noncompliance with Contract Claims Procedures

Abstract

This article is part of a symposium entitled “Construction Contract Issues.” In it, Professor Stipanowich surveys contemporary judicial attitudes regarding the effect of noncompliance with procedures for handling construction claims and controversies. It also analyzes the policies advanced in support of deferring questions of "procedural arbitrability" to arbitration and proposes a straightforward rationale for judicial disposition of such issues. Although the discussion emphasizes scenarios involving construction contracts, the principles addressed in this article are applicable to commercial arbitration agreements generally and may be extended by analogy to the labor sphere.

Keywords: construction claims, procedural arbitrability, contract, agreement, commercial arbitration, dispute resolution, American Institute of Architects (AIA)