R-05 · Tier 1 · Disputes and forum
Arbitration at GC's Sole Election
Arbitration can be required at Contractor's sole option after a dispute arises.
What MillworkShield looks for
This is the business risk behind the clause.
Risk
The GC picks the forum after seeing the dispute, leaving the sub stuck with the more favorable venue.
Cleaner ask
Make arbitration election mutual or strike arbitration entirely.
Reference context
AIA A401 §6 and ConsensusDocs 750 §11 contemplate mutual election or no arbitration.
Search nearby wording
arbitrationvenuejury trialattorneys' fees
Related guide
Dispute clauses: who controls the fight if payment goes sideways?
Can we make the dispute process mutual and local, and confirm it does not waive lien, bond, prompt-payment, or emergency remedies?