Contract law generally provides that a party cannot waive a right without first knowing that such a right exists 42 a party to a contract is presumed to have knowledge of its content 43 as noted above arbitration clauses may be set forth in a separate document that is incorporated by reference but not actually provided to each party at the time of contracting 44. Waiver of construction contract arbitration clauses book read reviews from worlds largest community for readers this reprint of a 1996 book addresses . Construction contracts frequently include arbitration clauses arbitration has been viewed for years as a fast and inexpensive process contractors also like that arbitration is confidential which means their names wont show up in public court records but arbitration for construction contracts also has a downside. An arbitration clause in a construction contract can take many forms from a simple statement that the parties agree to refer any dispute arising between them to arbitration to a detailed clause containing not only the agreement of the parties to arbitrate disputes but also setting out how the arbitrator is to be appointed and the procedures to be used by the parties in the process where . starttags arbitration is waivable even if you dont mean to be careful with arbitration clauses in construction contracts these clauses are subject to waiver tweets that mention arbitration is waivable even if you dont mean to construction law musings richmond va topsycom says march 26 2010 at 405 pm this post was mentioned on twitter by christopher hill