AN APPOINTMENT
AN APPOINTMENT
Perkins Group, LLC — AAA Panel Arbitrator
Key Takeaways
Protect your project timeline and budget — schedule a preliminary hearing with Perkins Group, LLC to evaluate whether arbitration is appropriate for your construction dispute.
Construction arbitration produces a binding, enforceable award that resolves payment disputes, defect claims, and delay damages without the two- to four-year timeline of Superior Court litigation.
Jud Perkins, an active AAA Construction Arbitration Panel member with 35 years of direct construction project management experience, is the neutral behind Perkins Group, LLC.
The firm administers construction arbitration proceedings for owners, general contractors, subcontractors, design professionals, and surety companies across Connecticut, Rhode Island, Massachusetts, and the New York City area.
Construction arbitration is a private, binding dispute resolution process in which a neutral arbitrator with construction industry expertise issues a final, enforceable decision on project-related claims.
Unlike construction mediation, which produces a voluntary settlement, construction arbitration produces an award that carries the same legal force as a court judgment.
The Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., provide the statutory framework for enforcing construction arbitration agreements and awards.
Each state in which Perkins Group, LLC operates — Connecticut, Rhode Island, Massachusetts, and the New York City area — maintains statutory frameworks governing arbitration agreements and awards.
Perkins Group, LLC, led by Perkins, serves on the AAA construction panel and brings 35 years of direct construction project management experience to every proceeding.
Perkins managed construction on projects valued up to $925 million — including the $925 million Mohegan Sun Casino expansion, the $200 million Madison Square Garden renovation, and the $135 million Enterprise Center — so the technical evidence in construction arbitration (CPM schedules, cost-impact analyses, specification disputes) falls within direct professional experience rather than learned-on-the-job neutrality.
Construction disputes involve technical evidence that generalist judges and juries struggle to evaluate.
CPM schedule delay analyses, construction cost accounting methods, specification compliance standards, and design professional liability allocations require industry fluency that a construction-experienced arbitrator brings from day one, so you can avoid having to re-explain technical project details to a decision-maker starting from zero.
Court construction cases across Connecticut, Rhode Island, Massachusetts, and the New York City area routinely take one to four years to reach trial, with extensive discovery disputes over technical document production adding cost at every phase.
Construction arbitration through the firm resolves most disputes in 6 to 12 months, with streamlined discovery procedures under AAA Construction Industry Arbitration Rules that eliminate the document-production battles common in court litigation.
Many standard-form construction contracts include mandatory arbitration clauses. AIA Document A201-2017, General Conditions of the Contract for Construction, requires that disputes proceed through mediation as a condition precedent, followed by arbitration under the AAA Construction Industry Arbitration Rules if mediation does not produce a settlement.
ConsensusDocs and EJCDC contract forms include similar arbitration provisions.
Confirm whether the clause specifies the AAA Construction Industry Rules.
Verify that the location or venue for arbitration is clearly identified.
Determine whether the agreement addresses consolidation of claims involving multiple parties.
Attorneys reviewing construction contracts should verify whether the arbitration clause specifies the AAA Construction Industry Rules, identifies the arbitration venue, and addresses multi-party consolidation — because a poorly drafted clause can create jurisdictional challenges that delay the arbitration itself.
Construction arbitration covers the full range of disputes arising from residential, commercial, and public construction projects across Connecticut, Rhode Island, Massachusetts, and the New York City area. Perkins Group, LLC has experience arbitrating the following categories of construction claims. Perkins brings more than 35 years of experience managing complex construction projects from inception through completion, providing the firm with direct knowledge of the technical, contractual, and operational issues that drive most claims. Primary dispute categories handled by Perkins Group, LLC include:
1
unpaid contract balances, retainage release claims, and mechanic's lien enforcement
2
structural deficiencies, water intrusion, workmanship failures, and building code violations
3
critical path schedule impacts, acceleration costs, liquidated damages assessments, and consequential damage claims
4
architect and engineer errors, omissions, incomplete specifications, and coordination failures
5
contested extras, differing site conditions, and owner-directed scope changes without agreed pricing
6
pass-through claims, back-charges, scope-of-work disputes, and pay-if-paid clause enforcement
Construction arbitration follows a structured sequence from the filing of the demand through the final award. Perkins Group, LLC administers proceedings under AAA Construction Industry Arbitration Rules, which provide construction-specific procedures for discovery, expert evidence, and multi-party claims.
1
The claimant files a Demand for Arbitration with the AAA or may contact Perkins directly, identifying the arbitration clause, the nature of the construction dispute, and the claimed damages. If filed directly with Perkins, he will follow AAA rules. The AAA serves the demand on the respondent, who has 14 days to file an answering statement and any counterclaims. Construction disputes frequently involve counterclaims — an owner's defect claim often triggers the contractor's delay and payment counterclaims in the same proceeding.
2
If filed through the AAA, AAA provides parties with a list of qualified arbitrators from its construction panel. Parties rank and strike candidates, and the AAA appoints an arbitrator based on those preferences. For disputes exceeding $500,000, parties may request a three-arbitrator panel under AAA Construction Industry Arbitration Rules. Perkins Group, LLC serves as the sole arbitrator or panel chair, depending on claim complexity and the parties' agreement.
3
The arbitrator conducts a preliminary hearing to establish the procedural calendar, including deadlines for document exchange, expert disclosures, and depositions (if permitted), as well as the date of the evidentiary hearing. Construction arbitrations through the firm typically set the evidentiary hearing within 4 to 8 months of the preliminary conference.
4
AAA Construction Industry Rules provide for targeted document exchange rather than the broad discovery available in court litigation across Connecticut, Rhode Island, Massachusetts, and the New York City area. Parties exchange project records, correspondence, change orders, payment applications, daily logs, and schedule updates relevant to the disputed claims. The arbitrator resolves discovery disputes by written ruling, eliminating the motion practice delays common in court litigation.
5
Parties present testimony, documentary evidence, and expert opinions at the evidentiary hearing. Construction arbitration hearings before the firm follow formal evidentiary procedures — sworn testimony, cross-examination, and exhibit admission — while allowing the flexibility to receive technical evidence (schedule analyses, cost compilations, inspection reports) that strict courtroom rules might exclude.
6
The arbitrator issues a written award under AAA Construction Industry Arbitration Rules following the close of the hearing. The award is final, binding, and enforceable in Connecticut, Rhode Island, Massachusetts, and the New York City area. Judicial review of arbitration awards is extremely limited under both federal law and the laws of Connecticut, Rhode Island, Massachusetts, and New York City — courts vacate awards only for arbitrator corruption, evident partiality, or the arbitrator exceeding the scope of authority.
Construction arbitration costs include AAA administrative fees, arbitrator compensation, and each party’s own legal and expert fees.
AAA administrative fees follow a tiered schedule based on claim size, and parties typically split arbitrator compensation equally unless the arbitration clause or the final award allocates costs differently.
This means you can budget for dispute resolution with more predictability than open-ended litigation billing allows.
Fee Structure for Construction Disputes
Arbitrator compensation is billed at an hourly or daily rate agreed upon during arbitrator selection.
Cost Comparison — Arbitration vs. Superior Court Litigation
Total arbitration costs for a construction dispute typically run lower than equivalent Superior Court litigation when factoring in attorney fees for depositions, motion practice, trial preparation, and the trial itself.
The compressed timeline of arbitration (6 to 12 months vs. 1 to 4 years) reduces the carrying costs that accumulate during prolonged litigation — particularly the interest on unpaid contract balances and the administrative burden of ongoing discovery.
Stop accumulating litigation costs on an unresolved construction claim — contact Perkins Group, LLC to discuss arbitration as a faster path to a binding resolution.
A construction arbitration award issued under the AAA Construction Industry Rules is enforceable as a court judgment in Connecticut, Rhode Island, Massachusetts, and the New York City area, so you can pursue collection immediately upon confirmation rather than relitigating the dispute.
The prevailing party files an application to confirm the award and the court enters judgment on the confirmed award. At this point, standard judgment collection remedies (bank levies, wage garnishments, property liens) become available.
Grounds for Vacating a Construction Arbitration Award
Courts in Connecticut, Rhode Island, Massachusetts, and the New York City area vacate arbitration awards only on narrow grounds: corruption or fraud by the arbitrator, evident partiality, arbitrator misconduct that prejudiced a party’s rights, or the arbitrator exceeding the scope of authority granted by the arbitration agreement.
Courts do not review the merits of the arbitrator’s factual findings or legal conclusions. This standard gives construction arbitration awards significantly more finality than trial court decisions subject to appellate review.
Multi-Jurisdictional Enforcement
Construction arbitration awards issued by the firm are enforceable across state lines under the FAA, 9 U.S.C. § 9.
Parties with commercial disputes involving out-of-state contractors, suppliers, or design professionals can confirm awards in any federal district court with jurisdiction over the respondent.
Common Questions
Construction arbitration produces a binding award enforceable as a court judgment, while construction mediation produces a voluntary settlement controlled by the parties. Arbitration transfers decision-making authority to the arbitrator. Mediation preserves party control over the outcome and the terms of any settlement.
State law across Connecticut, Rhode Island, Massachusetts, and the New York City area requires a written agreement to arbitrate. Without a valid arbitration clause in the construction contract, neither party can compel the other to submit to arbitration, and disputes proceed through litigation in court rather than binding arbitration.
AAA Construction Industry Rules allow consolidation of related claims and joinder of additional parties when the arbitration agreements permit. Multi-party construction arbitrations involving owners, contractors, subcontractors, and design professionals resolve overlapping claims in a single proceeding rather than in separate, parallel lawsuits.
Construction arbitration through Perkins Group, LLC typically resolves in 6 to 12 months from the filing of the demand. Smaller payment disputes and change order claims under $200,000 often resolve in 4 to 6 months with streamlined procedures and reduced discovery.
Courts in Connecticut, Rhode Island, Massachusetts, and the New York City area review arbitration awards under standards that limit vacatur to arbitrator corruption, evident partiality, misconduct, or exceeding authority. Courts do not review factual findings or legal conclusions, making construction arbitration awards significantly more final than trial verdicts.
Perkins serves on the AAA construction panel and brings 35 years of direct construction project management experience to every arbitration, including work on projects valued up to $925 million, such as the Mohegan Sun Casino expansion and the Madison Square Garden renovation.
Construction arbitration proceedings are private by default — hearings are closed, and awards are not published. Parties may include confidentiality provisions in the arbitration agreement to prevent disclosure of testimony, exhibits, and award terms to third parties outside the proceeding or the public record. Confidentiality protections apply across Connecticut, Rhode Island, Massachusetts, and the New York City area.
Construction arbitrators may award compensatory damages, including direct costs, delay damages, lost profits, interest, and attorneys' fees if authorized by the contract or applicable statute. Arbitrators may also award specific performance, declaratory relief, or interim measures under the AAA Construction Rules.
Perkins Group, LLC administers construction arbitration proceedings in Connecticut, Rhode Island, Massachusetts, and the New York City area. Parties with multi-state construction projects should contact the firm at (860) 204-9168 to discuss whether it serves as the appropriate neutral for their construction arbitration needs.
Parties typically split arbitrator compensation equally unless the arbitration clause specifies a different allocation. The arbitrator may reallocate fees in the final award based on the outcome, the parties' conduct during the proceeding, and their level of cooperation.
Resolve your construction dispute through binding arbitration with an experienced construction-industry neutral — contact Perkins Group, LLC at (860) 204-9168 to discuss scheduling and procedure.
