Dispute Adjudication Boards (“DAB”s) are being increasingly used for high-value, long-term and complex construction and engineering projects. A DAB is typically made up of a panel of independent and impartial experts normally set up to accompany the performance of a contract. There are variations to DABs, such as Dispute Avoidance and Adjudication Boards (“DAAB”s) and Conflict Avoidance Panels (“CAP”s). The purpose of all of these procedures is to assist in avoiding or overcoming disagreements as and when they arise and before they escalate into formal disputes.
The Dispute Board is usually established at the beginning of a project. It can be a standing board (active throughout the project) or an ad hoc board (formed when a dispute arises). The board typically consists of one or three independent and impartial members, who have been chosen by the contracting parties, and standing Dispute Boards will be kept informed about the project’s progress and potential issues with regular site visits and meetings. They will also address issues as they arise by providing formal advice and recommendations. When a dispute arises, the Dispute Board reviews the case and provides a resolution. This can be in the form of non-binding recommendations (Dispute Review Board), binding decisions (Dispute Adjudication Board), or a combination of both.
Our team are on the RICS Dispute Board Register and FIDIC President’s Panel and have experience of, and have been appointed to, numerous Dispute Boards for various construction projects, some recent examples being: