Contractual Adjudication

The FIDIC 2017 suite of contracts (Red, Yellow, and Silver Books) introduced the Dispute Avoidance/Adjudication Board (DAAB) as a key improvement in dispute resolution. This post explains how DAAB jurisdiction is established, how the DAAB makes decisions on jurisdiction and admissibility, and the important difference between these two concepts. Special focus is given to time-barred claims under Sub-Clause 20.2, based on the FIDIC 2017 General Conditions, the DAAB Procedural Rules, and relevant legal commentary. …

DAAB Jurisdiction under FIDIC 2017: The Distinction from AdmissibilityRead More »

One of the most significant structural changes in the FIDIC 2017 suite is the formalisation of the Engineer’s role in resolving disagreements between the Employer and Contractor before they escalate into formal disputes. Under Sub-Clause 3.7 of the 2017 Red, Yellow, and Silver Books, the Engineer is now required to follow a two-stage process — first attempting to facilitate an agreed settlement, and then, if agreement is not reached, issuing a formal Determination. This structured mechanism replaces the relatively brief Sub-Clause 3.5 of the 1999 editions and reflects a deliberate policy decision by FIDIC to embed dispute prevention into the contractual administration framework. Understanding how this process works — and where it can go wrong — is essential for every Engineer, Contractor, and Employer working on FIDIC projects.

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The Engineer’s Role in Dispute Prevention: Agreement and Determination under FIDIC Sub-Clause 3.7 (2017)Read More »

Construction projects are inherently complex, often fraught with variables that can lead to disagreements, claims, and disputes. When a conflict arises, it can be costly in terms of time, money, and professional relationships. While a traditional approach might be to head straight to litigation, it is often more effective to leverage alternative dispute resolution (ADR) methods like negotiation and mediation. The key to success lies in understanding and managing three core tensions that exist in every dispute.
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Navigating the Tensions: A Guide to Mediation in Construction DisputesRead More »

A fundamental question often arises at the heart of dispute resolution planning: should a dispute be decided by a single individual or a multi-member tribunal? This choice carries profound implications for speed, cost, expertise, and the ultimate robustness of the decision. This post delves into the arguments for each approach across various dispute resolution mechanisms, offering insights to inform this critical decision.

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The Crucial Choice: One or Three Decision Makers in Construction DisputesRead More »

Construction projects are complex undertakings, breeding grounds for disagreements that can escalate into costly, project-derailing disputes. For decades, the industry has sought better ways to resolve conflicts without resorting to lengthy arbitration or litigation. Enter the Dispute Board (DB), a project-based, real-time resolution mechanism designed to keep projects moving and relationships intact.

However, the power of a Dispute Board decision is not absolute. Its real-world teeth depend heavily on a crucial, often overlooked factor: the governing law of the contract. This article dives into the world of Dispute Boards, exploring how they function, how their decisions are enforced, and how the choice of jurisdiction can make or break their effectiveness, especially when compared to the statutory adjudication process. …

Dispute Boards in Construction: Enforcement and Governing LawRead More »

In the complex world of construction and large-scale infrastructure projects, effective dispute resolution is paramount to keeping ventures on track and budgets intact. While traditional methods like litigation and arbitration have their place, the rise of Dispute Boards (DBs) offers a proactive and often more efficient alternative. These independent bodies aim not just to resolve disputes, but, crucially, to manage and even prevent them from escalating, acting as an integral part of project delivery. …

Beyond Battles: How Dispute Boards Transform Construction Conflict into CollaborationRead More »

Construction projects, with their intricate contracts, multiple stakeholders, tight deadlines, and complex technicalities, are fertile ground for disputes. When disagreements arise, traditional litigation can be a protracted, expensive, and relationship-damaging ordeal. This is where mediation steps in as a powerful and increasingly preferred alternative.

Mediation, at its core, is a flexible, confidential, and voluntary process where a neutral third party, the mediator, assists disputing parties in reaching a mutually acceptable settlement. Unlike arbitration or litigation, the mediator does not impose a decision but rather facilitates communication, clarifies issues, explores options, and helps the parties find common ground.

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How Mediation Builds Bridges in Construction Projects?Read More »