Who Pays for the Unexpected in Construction? The Law, the Courts and ADR

If the question as to who pays for the unexpected in construction has to be answered because the parties have not amicably resolved a particular dispute, that answer will depend upon the law and the forum selected by the disputants. Construction disputes usually involve mixed questions of law and fact better decided other than by court litigation. Of the various forms of alternative dispute resolution (ADR), arbitration continues to be the most practical.