FOR THE CONSTRUCTION, BUILDING
AND ENGINEERING INDUSTRY
Why is approaching the Dispute Review Board a great idea?
The Dispute Review Board (or Dispute Avoidance Board) provides an effective alternative and cost effective way of avoiding, managing and resolving conflict on construction projects in a preventative way.
The Dispute Review Board consists of a panel of contractual and technical experts that have extensive experience in their respective industries.
The Dispute Review Board can provide an independent Opinion and Recommendation on specific contractual or technical issues raised by a party, all in an attempt to prevent a formal dispute resolution process such as Adjudication, Arbitration or Litigation. Such Opinion and Recommendation can be provided on the application of one party, or as jointly requested by the parties, and shall be provided to provide a proper contractual, legal or technical perspective to a party (or the parties) before considering the next step.
It will also be a cost mitigating exercise to obtain an Opinion and Recommendation from the Dispute Review Board, to obtain an independent perspective on the probabilities of success compared to the cost of proceeding to Adjudication, Arbitration or Litigation.
Alternatively, the Dispute Review Board can create a forum, such as an amicable settlement procedure, in which contractual issues can be addressed before they progress to the stage of actual disputes that require formal resolution. The main objective then remains to ensure that the project proceeds to completion without a delay caused by disputes.
Should the parties require, the Dispute Review Board can nominate, on application by a parties (or the parties jointly) to appoint a Dispute Review Board Person appropriate for the type of dispute and the contractual agreement between the parties.
A further advantage of appointing the Dispute Review Board, is that the following matters of disputes can be effectively decided by the Dispute Review Board, if a joint mandate is given by the contracting parties:
Low Value or Small Claims adjudication of claims and disputes
i.e. the parties agree that it would be more cost effective to have a claim or dispute reviewed and decided by the Dispute Review Board
Home Building or Renovation projects
i.e. the parties (the home owner and the builder) agree that it would be more cost effective to have a claim or dispute reviewed and decided by the Dispute Review Board
Contractor and Subcontractor (or supplier) claims or disputes
i.e. the parties agree that, notwithstanding the provisions of the subcontract or supply agreement, it would be more cost effective to have a claim or dispute reviewed and decided by the Dispute Review Board