Construction Mediation - Arthur House

46+ Years of Experience in Construction Mediation

With 46+ years of experience in construction mediation, Mr. Arthur T. House brings exceptional knowledge, professionalism, and practical insight to resolving complex construction disputes. Our extensive experience spans construction disputes, contract negotiations, claims resolution, payment disputes, project delays, change orders, defects, and contractor-subcontractor conflicts.

We are committed to providing fair, efficient, and results-focused construction mediation designed to help parties reach practical solutions while avoiding the cost, stress, and uncertainty of prolonged litigation. Our decades of hands-on experience provide a unique understanding of the construction industry, allowing us to quickly identify the key issues, facilitate productive negotiations, and help parties move forward with confidence.

Whether you are dealing with a commercial construction dispute, residential construction claim, contract disagreement, construction defect, delay claim, lien dispute, or payment issue, our proven mediation experience provides trusted guidance and a professional path toward resolution.

Full Name

Title

Name of Company

City/Town

State

Email Address

Telephone

Website

Executive Advisory Services:

Strategic Business Development Services:

Preventive Planning & Risk Mitigation:

Conflict and Dispute Avoidance:

Standing Advisory or Mediation Services:

please fill out this questioner

A Nationally and Internationally Recognized Construction Mediator

Arthur House is a nationally and internationally recognized Construction Mediator, Business Mediator, Neutral, and Executive Advisor with 46 years of experience spanning construction, engineering, real estate development, executive leadership, contracts, finance, strategic planning, conflict avoidance, and dispute resolution.

With professional experience involving more than $2 billion in construction and development projects, Mr. House brings exceptional real-world knowledge to complex construction disputes, contract claims, payment disputes, change orders, project delays, construction defects, contractor and subcontractor disputes, business conflicts, and eminent domain matters.

His unique combination of executive leadership, construction management experience, MBA, doctoral-level work, law degree, and more than 20 years of teaching experience enables him to evaluate disputes from both a practical business and construction perspective.

Arthur’s philosophy is simple: many legal disputes begin as business decision-making problems. His focus is on early intervention, conflict avoidance, informed decision-making, productive negotiation, and practical solutions that help protect relationships, projects, financial interests, and enterprise value.

As an independent Construction Mediator, Neutral, and Executive Advisor, Mr. House does not replace legal counsel or management teams. Instead, he provides experienced, objective judgment when difficult situations arise—helping parties resolve problems before they become expensive and time-consuming litigation.

Understand the Construction Mediation

Construction mediation is a confidential and collaborative alternative dispute resolution (ADR) process designed to help owners, contractors, subcontractors, developers, architects, engineers, suppliers, and other construction professionals resolve disputes efficiently and reach practical agreements. An experienced construction mediator helps the parties identify the real issues, evaluate risks, clarify contractual responsibilities, improve communication, and explore mutually acceptable solutions without immediately proceeding to costly and time-consuming construction litigation or arbitration.

Construction disputes may involve construction contract disputes, payment disputes, change order claims, construction defects, defective or non-conforming work, design errors, scope-of-work disagreements, project delays, scheduling conflicts, delay and disruption claims, acceleration, differing site conditions, cost overruns, termination disputes, warranty issues, and disputes between owners, general contractors, subcontractors, suppliers, and design professionals.

Effective construction mediation focuses on more than determining who is right or wrong. It provides an opportunity to understand the project's technical, contractual, financial, scheduling, and business realities while identifying the risks and potential consequences of continuing a dispute. Early and focused mediation can help parties address claims while a construction project is still underway, helping protect project momentum, business relationships, and commercial interests.

Arthur T. House brings extensive construction and engineering management experience to construction mediation and advisory services. His practice focuses on helping clients prevent, avoid, and resolve conflicts and disputes, with experience involving construction and business matters.

Review the Project & Contract

Successful construction mediation begins with a detailed understanding of the construction project, contract documents, project history, claims, schedule, costs, communications, and supporting documentation. Reviewing the project and contract helps establish the facts and identify the contractual, technical, financial, and scheduling issues that are contributing to the construction dispute.

Important materials may include construction contracts, general conditions, subcontract agreements, plans and specifications, drawings, change orders, purchase orders, amendments, payment applications, invoices, schedules, daily reports, meeting minutes, RFIs, submittals, inspection reports, photographs, correspondence, notices, project records, warranties, and prior claim documentation.

The review should identify the exact nature of the dispute. This may include scope of work disputes, contract interpretation, payment and performance disputes, disputed change orders, construction defects, workmanship concerns, design responsibility, delays, disruption, acceleration, differing site conditions, material escalation, incomplete work, schedule impacts, or termination issues.

Project schedules and contemporaneous documentation can be particularly important when evaluating construction delay claims, schedule impacts, critical-path issues, productivity losses, extended project costs, acceleration claims, and disruption damages. Current construction ADR guidance emphasizes addressing disputes earlier and using focused processes to keep projects moving.

A thorough construction contract and project review gives the parties a clearer understanding of their respective positions, contractual obligations, potential claims, defenses, financial exposure, and settlement opportunities. It also allows the construction mediator to focus negotiations on the issues that matter most rather than allowing the mediation to become distracted by minor or unrelated disagreements.

Prepare for Dispute Resolution

Effective construction mediation preparation is essential to achieving a productive dispute resolution process. Before mediation, parties should organize the facts, contract provisions, project records, construction claims, damages information, schedules, correspondence, expert opinions, and other evidence necessary to explain their position clearly.

Preparation should identify the principal construction claims and counterclaims, including disputed payment, change orders, additional work, construction defects, defective workmanship, design responsibility, delay and disruption, schedule impacts, acceleration, differing site conditions, contract interpretation, warranty obligations, termination, and other project-related issues.

Parties should also evaluate the financial and business consequences of continuing the construction dispute. This may involve reviewing unpaid contract amounts, disputed change orders, repair costs, delay damages, additional labor and material costs, extended overhead, project management costs, schedule impacts, potential legal expenses, expert costs, and other financial exposure.

A strong mediation strategy also considers the parties' settlement objectives, interests, risks, alternatives, and practical business needs. Construction mediation is different from trial advocacy: the objective is not simply to present the strongest possible argument, but to create a credible path toward settlement. AAA's current guidance emphasizes that effective construction mediation is becoming more structured and strategic, particularly where disputes involve multiple parties, technical evidence, insurance issues, and continuing business relationships.

Preparation may also include a mediation statement, project chronology, claim summary, damages analysis, schedule analysis, key-document index, settlement authority, and proposed resolution options.

For complex construction disputes, careful preparation can help the parties focus on the major issues, understand the strengths and weaknesses of their positions, and make informed settlement decisions. Arthur T. House's construction-industry background provides a project-focused perspective when addressing technical, management, contractual, financial, and business aspects of a dispute.

Explore Solutions Together

The purpose of construction mediation is not simply to argue competing claims. It is to create an environment where the parties can explore practical solutions, negotiate constructively, and develop a settlement tailored to the project's circumstances.

Construction disputes frequently involve interconnected issues. A change order may affect the project budget and schedule. A design problem may lead to defective work, rework, delay, additional costs, and disagreements over responsibility. A payment dispute may affect cash flow and the contractor's ability to continue performance. A differing site condition may create both cost and schedule consequences.

Through construction mediation, parties can consider a wide range of potential solutions, including change order agreements, payment arrangements, negotiated credits, schedule extensions, revised completion dates, corrective work, repair programs, additional documentation, scope clarification, cost sharing, warranty extensions, release provisions, responsibility allocations, and other negotiated settlement terms.

The construction mediator can help parties move beyond fixed positions and examine the underlying business interests behind their claims. An owner may need certainty about completion and quality. A contractor may need payment and schedule relief. A subcontractor may need resolution of a disputed change order. A developer may need to protect financing and project deadlines.

This makes construction dispute resolution particularly valuable for projects where the parties may need to continue working together after the dispute. Early mediation can help address change orders, delay issues, pricing disputes, technical disagreements, and other construction claims while work continues, potentially reducing disruption to the project and business relationship.

For complex or multi-party construction disputes, mediation may also involve structured sessions, private caucuses, technical discussions, expert information, mediator proposals, or phased negotiations. AAA's current construction mediation guidance recognizes that larger disputes may require additional structure because of multiple parties, technical records, and overlapping claims.

The objective is a solution that is practical, commercially reasonable, achievable, and capable of being implemented, rather than simply an agreement that ends an argument temporarily.

Reach a Practical Resolution Professional Service

The ultimate objective of construction mediation is to help the parties reach a practical, voluntary, clear, and workable resolution to their construction dispute. Instead of allowing disagreements over contracts, payment, change orders, construction defects, delays, scheduling, workmanship, or project performance to continue indefinitely, mediation gives the parties an opportunity to negotiate a solution and move forward.

A construction settlement may address payment disputes, disputed change orders, construction claims, repair obligations, defective work, schedule extensions, completion dates, warranties, retainage, releases, costs, responsibility for additional work, and other contractual or project-related issues.

A practical resolution should clearly establish what each party has agreed to do, when obligations must be completed, how payments will be handled, what work must be performed, and which claims are resolved. The parties and their attorneys should carefully review settlement terms and applicable legal requirements before finalizing any agreement.

Construction mediation can also result in a partial settlement. Certain claims may be resolved while a limited technical, financial, or contractual issue remains for further discussion or another agreed dispute-resolution process. This flexibility can be especially valuable in complex construction projects where work continues while the parties negotiate.

Arthur T. House's published practice emphasizes mediation as a means of helping parties prevent, avoid, or resolve conflicts and disputes, with the broader objective of reaching mutually acceptable agreements, preserving relationships, reducing unnecessary conflict, and facilitating continued business.

With extensive experience in construction, engineering management, project development, construction consulting, and mediation, Arthur T. House approaches construction dispute resolution from a practical industry perspective. His published mediation work includes construction and business disputes and emphasizes collaborative problem solving and negotiated resolution.

Ultimately, effective construction mediation is about more than settling a claim. It is about helping parties understand the dispute, assess risk, negotiate intelligently, resolve construction conflicts, protect valuable business relationships, and create a practical path forward.