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Construction Drawing
Arbitration: private adjudication of a dispute by an impartial third party working outside the courts

Construction Arbitration


Cunningham, CPA is a trained arbitrator with construction, project management and accounting education and experience.  Arbitration with Cunningham Consulting can be a better, faster, cheaper and confidential way to resolve your commercial and  construction disputes.  Jonathan Cunningham’s background in construction, project management and accounting means you can:

  • Better - Receive objective knowledgeable consideration of your case while avoiding “wild card” rulings that sometimes occur with lay juries.

  • Faster - Avoid lengthy (and expensive) procedural maneuvers such as exhaustive discovery requests, depositions, and related pre-trial motions and hearings that can add months and years to litigation timelines while pushing legal costs higher than the value of the underlying dispute

  • Cheaper - Focus on arguing the merits of the dispute without the need to  to explain construction practices, means and methods, accounting, and project documents such as project schedules, bids, drawings, specifications, change orders and schedules of values to juries or judges who may not have a construction, accounting or project management background.

The Cunningham Difference

  1. Construction Focus - Awards are grounded by an understanding of the construction environment and the disagreements it often produces.

  2. Superior Execution - Cunningham Consulting brings a calm but firm case management discipline to arbitration.  Time is managed effectively while ensuring adequate airing of the arguments.  Awards are determined and presented within committed timelines.

  3. Tailored Approach – Arbitration with Cunningham Consulting can be tailored to fit the circumstances and specific wishes of the parties. Examples of items that can be tailored include:


  • Parties may be represented by attorneys or self-represented.

  • The scope of arbitration can focus on specified question(s) of fact, or broadly set to consider base claims, counter claims and the determination of dollar amounts.

  • Boundaries concerning the nature and dollar value of an award can be set in advance by agreement of the parties.

  • Awards can be issued in standard summary form, as a reasoned award, as a finding of facts or even as a detailed report.

  • Arbitration may be by submission of documents only, by teleconference or via in-person hearings.

  • Cunningham can work within the model rules from any accepted administering organization (such as AAA).

  • Cunningham will travel for arbitration, including out of state (travel costs may apply), and is able to arrange neutral meeting space in most major cities.


If you are experiencing a construction dispute, arbitration may be for you.  For a fair, objective arbitrator with construction experience email***

*** It is important to refrain from sharing specific details of the dispute prior to signing arbitration agreement. Every arbitration agreement will limit ex parte communication with the arbitrator.  To get started, please inquire regarding availability and qualifications while providing only the parties' names, the nature of the dispute and identifying any related entities (partners, owners, etc.) as well as the main witnesses for each side.  This information will be used to check for conflicts of interest and identify if I have existing relationships that should be disclosed.

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