Approved by the Engineering Practice Policy Committee on January 21, 2021
Approved by the Public Policy and Practice Committee on May 6, 2021
Adopted by the Board of Direction on July 16, 2021
Policy
The American Society of Civil Engineers (ASCE) supports dispute avoidance and alternative dispute resolution techniques, such as those achieved by the dispute resolution provisions in the Engineers Joint Contract Documents Committee’s (EJCDC) documents, as fair and objective standards for reduction of conflict and litigation in engineering design and construction.
Issue
Litigation involving disputes and conflicts related to engineering and construction issues can be time consuming, result in disproportionate litigation/delay costs, require the use of professional resources and result in decisions with industry-wide implications. Methods of resolution are rapidly changing/expanding to reflect industry trends, court decisions, and changes in applicable laws and regulations. Development and implementation of documents/techniques resulting in timely and cost-effective resolutions of disputes permits engineering and construction professionals to effectively utilize resources and project delivery methods.
Rationale
ASCE participates in the National Construction Dispute Resolution Committee of the American Arbitration Association and has contributed to many of the techniques currently used in alternative dispute resolution procedures. ASCE believes voluntary resolution of disputes through the use of fair and objective standard contract documents, such as those achieved by the dispute resolution provisions in the EJCDC documents, provide for industry-accepted distribution of risk among project participants and can directly address disputes in a fair, immediate, and cost-efficient manner.
ASCE Policy Statement 256
First approved 1979