What Is the Typical Process and Timeline if My Construction Dispute Goes to Arbitration?

If you’re in the middle of a commercial construction dispute in Florida, you might assume you’re headed for court. Then you read the contract—and there it is—an arbitration clause. That single paragraph changes almost everything about how your case will play out. Arbitration isn’t court, but it’s still a formal legal process with rules, deadlines, and plenty of strategy. Knowing the roadmap can help you protect your leverage from day one.

Most construction arbitrations start the same way as lawsuits: with a demand. The initiating party files a Demand for Arbitration with the designated arbitration forum—often the American Arbitration Association (AAA)—and serves it on the other side. This sets the process in motion. The responding party then files their Answer (and sometimes a Counterclaim). Depending on the forum’s rules, this opening stage usually takes 30 to 60 days.

From there, an arbitrator or a panel of arbitrators is selected and appointed. In construction disputes, the parties usually have input into who hears the case, and this selection process is critical. Pick the wrong arbitrator, and you might be fighting an uphill battle before the first document request is sent. This stage can take another month, especially if there’s wrangling over conflicts of interest or qualifications.

Once the arbitrator is in place, the case moves into discovery—though in arbitration it’s often called “exchange of information.” Compared to court, discovery is usually more limited, but in construction cases it can still be extensive. We’re talking about project records, change orders, RFIs, payment applications, inspection reports, and schedules. Depositions may be fewer in number, but they’re still on the table if the arbitrator allows them. This phase often takes three to six months, depending on the complexity of the project and how much the arbitrator reins in discovery.

After discovery, the parties submit pre-hearing briefs and sometimes have preliminary motion hearings. These motions can include requests to exclude certain evidence or even to dismiss parts of the claim. Arbitration rules don’t encourage endless motion practice, but smart lawyers still use targeted motions to narrow issues and sharpen the case.

Then comes the hearing—the arbitration equivalent of a trial. Unlike court, hearings are private, and the schedule is usually more flexible. A commercial construction arbitration might take anywhere from a couple of days to two weeks, depending on the number of witnesses and the complexity of the claims. The arbitrator hears testimony, reviews exhibits and considers closing arguments—either oral or written.

 One big difference from court: you usually don’t get a decision (called an “award”) the same day the hearing ends. Arbitrators typically issue their written award within 30 days. That award is binding and, with very few exceptions, final. Appeals are extremely limited, which makes the hearing your one real shot of winning.

So what’s the typical timeline? From the day you file a Demand for Arbitration to the day you get an award, most commercial construction cases take about 8 to 14 months. That’s often faster than litigation, but don’t mistake “faster” for “easier.” Arbitration can be just as expensive, and the outcome hinges on preparation and presentation just as much as a courtroom trial.

The takeaway: arbitration in a construction dispute is its own animal. The process moves differently, the rules are tighter, and your choice of arbitrator can make or break your case. If you’re headed down this road, you need a strategy tailored to arbitration—not just recycled from litigation.

At Smith Campbell, we’ve handled high-stakes construction arbitrations from multi-million-dollar projects to complex defect disputes. If your project is headed for arbitration, the time to get your plan in place is now—before deadlines start closing in.