Dispute Boards

Construction Law, Contract Administration, Dispute Boards, Project Management

The First Four Weeks: How Public Infrastructure Employers Set a Project Up to Avoid Disputes

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By Dr Samer Skaik

The call usually comes about eighteen months in.

Someone from an implementing agency, often a project manager who has inherited the file from a predecessor, explains that things have gone badly wrong. The ground turned out differently from the investigation report. The utility diversions never happened. The contractor has submitted a claim with a number in it large enough that it has now been seen by people several floors above the project office. And somewhere in the conversation comes the question I have learned to brace for: we think the contract requires us to have a dispute board — how quickly can one be set up? …

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Construction Law, Contract Administration, Dispute Boards, Project Management

Parties’ Strategies for Selecting High-Performance Dispute Boards

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In construction projects, the effectiveness of a Dispute Adjudicaiton Board (DB)—or Dispute Avoidance & Adjudication Board (DAAB)—is often determined long before the first project site meeting takes place. The process of appointing board members is a critical phase, acting as the foundation for how effectively a project will manage disagreements and maintain progress.

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Construction Law, Contract Administration, Dispute Boards, Project Management

How to nominate a dispute board member (DAAB) under FIDIC contracts?

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Disputes are almost a given in international construction projects. That’s why the FIDIC contracts include a smart system for resolving them quickly and fairly through Dispute Avoidance/Adjudication Boards, or DAABs. One of the most talked-about resources in this area is the FIDIC President’s List of Approved Dispute Adjudicators — basically a go-to directory of well-respected experts.

If you’re an employer, contractor, engineer, or legal advisor working on FIDIC-based projects, knowing how this list works — and how flexible the appointment process really is — can save you a lot of time, money, and headaches. In this guide, we’ll walk you through the key points in plain language. …

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Construction Law, Dispute Boards

Virtual Site Visits for Dispute Boards under FIDIC Contracts

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The COVID-19 pandemic accelerated the digital transformation of many industry practices, including how Dispute Adjudication Boards (DABs) conduct site visits under FIDIC contracts. What began as a necessity has proven to be a pragmatic and efficient alternative to physical site visits. This post explores the contractual basis, emerging best practices, real-world case studies, and the benefits of virtual site visits, advocating for their continued use in the future. …

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Construction Law, Contract Administration, Dispute Boards

DAAB Jurisdiction under FIDIC 2017: The Distinction from Admissibility

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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. …

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Construction Law, Contract Administration, Dispute Boards

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

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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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Construction Law, Contract Administration, Dispute Boards, Statutory Adjudication

Reflecting on the Second Edition of International Contractual and Statutory Adjudication

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By Dr Samer Skaik

Over the past decade, my work in construction law and adjudication has consistently reinforced one reality: adjudication has become a cornerstone of modern dispute resolution across the global construction industry. It has therefore been a privilege to contribute to the Second Edition of International Contractual and Statutory Adjudication, as an Assistant Editor as well as a Contributor of six chapters, bringing together perspectives from across multiple jurisdictions. The book is edited by the prominent author & practitioner Andrew Burr with editorial assistance from Narudee Chuekitkumchorn and myself.

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Construction Law, Contract Administration, Dispute Boards

Why the World Bank Use DAABs: A Shield for Development Projects

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The World Bank, the Asian Development Bank (ADB), and other multilateral development banks (MDBs) impose the use of Dispute Avoidance and Adjudication Boards (DAABs) in the projects they fund for several critical reasons, all aimed at ensuring the successful and efficient delivery of large-scale infrastructure projects in developing countries. …

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Construction Law, Contract Administration, Dispute Boards

Navigating the Tensions: A Guide to Mediation in Construction Disputes

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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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Construction Law, Contract Administration, Dispute Boards

The Crucial Choice: One or Three Decision Makers in Construction Disputes

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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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Construction Law, Contract Administration, Dispute Boards

Dispute Boards in Construction: Enforcement and Governing Law

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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. …

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Construction Law, Contract Administration, Dispute Boards

Beyond Battles: How Dispute Boards Transform Construction Conflict into Collaboration

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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. …

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