The use of arbitration to solve disputes by construction firms. / Utilização da arbitragem como forma de solução de disputas por empresas construtoras.

AUTOR(ES)

Ronaldo Benvenuti

DATA DE PUBLICAÇÃO

2010

RESUMO

Construction activities are inherent complex, as a result of a great number of interests and large amount f information involved, what makes risk management and conflict prediction difficult tasks, eventually leading to legal disputes. Construction and engineering contracts often do not cover all risks involved, leading to claims and resulting in losses of time and money for construction firms, engineering companies, property developers, and other stakeholders. The judiciary system is very slow and expensive, and, as an alternative, private arbitration courts were created by federal law 9307/96. Private managed, these courts are expected to be faster, less expensive and confidential. The aim of this research is to analyze the frequency and conditions of the use of arbitration in contracts in civil construction projects, identifying advantages and disadvantages from the point of view of construction companies, aiming to suggest actions as to increase its use. The research method includes bibliographic review and a survey with three institutional private arbitration organizations, three construction firms and three law firms.

ASSUNTO(S)

empresa construtora contract claims arbitration conflitos construção civil construction conflicts arbitragem construction firm

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