The ASA Board of Directors approved two public policy recommendations made by ASA Chief Advocacy Officer E. Colette Nelson during a meeting on Oct. 22 in Denver, Colo. One recommendation was to support legislation “to amend the Federal Arbitration Act so that in states with industry-specific venue laws, the arbitration can be held in the state and according to the State’s own laws, even if the contract calls for arbitration.” Such law would simply allow an arbitration to proceed locally where local parties would have a fair opportunity to present their witnesses and evidence. The second recommendation was to support federal legislation or regulation “to assure timely action on change orders for construction.” The proposed legislation would establish parameters for notice, approval and payment of change orders on federal construction contracts. Nelson noted that “although both of these legislative initiatives are federal, they would set a precedent for other public and private construction.”
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