Construction Dispute Boards

Czech (& Central European) Yearbook of Arbitration, Volume IV, 2014

26 Pages Posted: 6 Mar 2014

See all articles by Lukas Klee

Lukas Klee

affiliation not provided to SSRN

Daniel Novy

CEELI; Georgetown University Law Center

Date Written: March 5, 2014

Abstract

Legally, construction projects involve specific issues because they bring with them a large number of hazards and related risks. Each project is unique, being accompanied by variations and complications of different natures. Contracting parties usually allocate risk to the party best able to control it. However, there is sometimes uncertainty about who is to bear a particular risk and to what extent. The reason may lay in a poorly drafted contract or in ignoring its provisions. In other cases, the parties are not willing to bear the consequences of the risks allocated to them. These and many other situations often give rise to disputes. Settlement of disputes in construction requires speed, an informal approach and expertise. This is why every good contract includes a dispute resolution system. Adjudication is the most popular alternative to litigation as it is a fast and relatively cheap way of settling disputes. An impartial, third body known as a ‘Dispute Board’ is responsible for resolving the dispute between the parties.

Keywords: Adjudication, DAB, DRB, FIDIC, construction disputes, alternative dispute resolution, statutory adjudication, contractual adjudication

Suggested Citation

Klee, Lukas and Novy, Daniel, Construction Dispute Boards (March 5, 2014). Czech (& Central European) Yearbook of Arbitration, Volume IV, 2014. Available at SSRN: https://ssrn.com/abstract=2404839

Lukas Klee (Contact Author)

affiliation not provided to SSRN

Daniel Novy

CEELI ( email )

United States

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

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