May 5, 2026
By Kyle J. Maitz
In many cases, construction contracts and other types of commercial agreements contain arbitration clauses as a form of alternative dispute resolution that can bar the filing of a typical lawsuit. The American Arbitration Association (AAA) is widely considered to be one of the most popular providers for these types of arrangements. Arbitration with AAA provides many benefits, such as a faster timeline than typical litigation, expertise of the arbitrators, and the benefit of privacy. However, there are upfront costs associated with arbitration proceedings that may initially seem to create a barrier to entry if the amount in controversy is not worth the price to bring a claim.
For this reason, AAA offers an Expedited/Fast Track Procedure for smaller claims. As of the most recent update from AAA, claims of $150,000 or less under the Construction Rules and claims of $100,000 or less under the Commercial Rules, are eligible for AAA’s Fast Track Procedure. Under AAA’s Fast Track Procedure, AAA sets flat rates for arbitrators of $1,350 under the Commercial Expedited Procedures ($1,450 in California or New York) and $1,750 under the Construction Fast Track Procedures, creating more predictability in costs. Additionally, AAA establishes a shorter timeline for cases under the Fast Track Procedure and estimates a full resolution and award within 120 to 135 days of the filing. Further, claims of $25,000 or less under either the Construction Rules or the Commercial Rules, are resolved by document submission alone, saving the filer even more expenses associated with prolonging the case and having a hearing.
This can create highly beneficial cost savings for the parties involved in the event that their claim falls within the Fast Track Procedure’s threshold. It is important for anyone faced with a construction or other commercial agreement containing an arbitration clause to understand these procedures, as an initial impression of the filing and other associated costs may deter people who are eligible for the Fast Track Procedure from attempting to file a claim.
Kyle J. Maitz is an associate attorney with Flint, Connolly & Walker, LLP, who assists clients in filing claims with AAA. Mr. Maitz focuses his practice on business litigation, construction litigation, and real estate litigation.