2018•Unpublished venueRequires access

Construction Dispute Boards

Lukáš Klee

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Abstract

Construction projects are naturally prone to disputes. Settlement of disputes in construction requires speed, an informal approach and expertise. A dispute board is a body set up to resolve disputes that have arisen within a construction project. There are two kinds of dispute boards, namely: the dispute review board and the dispute adjudication board (DAB). International Federation of Consulting Engineers (FIDIC) forms currently “presume” four levels of dispute resolution, which can be thought of as kind of dispute resolution “hierarchy”. Level one is the engineer themselves making a determination about a claim and level two is adjudication through a DAB. A dispute board is a creature of contract: the parties establish and empower a dispute board with jurisdiction to hear and advise on the resolution of disputes. Benefits and shortfalls of non-binding recommendations and interim-binding decisions are being dealt with in practice.

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What this paper is about

Construction projects are naturally prone to disputes. Settlement of disputes in construction requires speed, an informal approach and expertise. A dispute board is a body set up to resolve disputes that have arisen within a construction project. There are two kinds of dispute boards, namely: the dispute review board and the dispute adjudication board (DAB). International Federation of Consulting Engineers (FIDIC) forms currently “presume” four levels of dispute resolution, which can be thought of as kind of dispute resolution “hierarchy”. Level one is the engineer themselves making a determination about a claim and level two is adjudication through a DAB. A dispute board is a creature of contract: the parties establish and empower a dispute board with jurisdiction to hear and advise on the resolution of disputes. Benefits and shortfalls of non-binding recommendations and interim-binding decisions are being dealt with in practice.

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Available abstract

Construction projects are naturally prone to disputes. Settlement of disputes in construction requires speed, an informal approach and expertise. A dispute board is a body set up to resolve disputes that have arisen within a construction project. There are two kinds of dispute boards, namely: the dispute review board and the dispute adjudication board (DAB). International Federation of Consulting Engineers (FIDIC) forms currently “presume” four levels of dispute resolution, which can be thought of as kind of dispute resolution “hierarchy”. Level one is the engineer themselves making a determination about a claim and level two is adjudication through a DAB. A dispute board is a creature of contract: the parties establish and empower a dispute board with jurisdiction to hear and advise on the resolution of disputes. Benefits and shortfalls of non-binding recommendations and interim-binding decisions are being dealt with in practice.

Key concepts: Dispute resolution, Dispute board, Adjudication, Dispute mechanism, Jurisdiction, Alternative dispute resolution, Interim, Hierarchy

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