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Dispute Adjudication Boards and Dispute Avoidance and Adjudication Boards (DAAB’s)

Dispute Adjudication Board (DAB) and Dispute Avoidance and Adjudication Board (DAAB) is an on the job-site dispute adjudication process, comprising one or three independent and impartial persons selected by the contracting parties. The Dispute Adjudication Board is usually appointed at the commencement of a project before any disputes arise and, by undertaking regular visits to the site, is actively involved throughout the project. It is also possible to agree to a DAB or DAAB any time thereafter. They are used to help parties avoid or overcome any disagreements or disputes that may arise during the implementation of the contract. They also assist in avoiding or overcoming disagreements and disputes.

Contractors who are working in local, regional and international markets will encounter the Dispute Adjudication Board (“DAB”) contained in each of the FIDIC Red, Yellow, Silver and Gold Books. Standing DABs can add value to a project in terms of real-life dispute avoidance. Factoring in the cost of a DAB at the outset should be seen as a proactive step towards dispute avoidance, rather than the alternative negative step of waiting for an issue to manifest itself into a fully blown dispute necessitating formal, costly and lengthy arbitration proceedings.

Dispute Adjudication Board (DAB) and Dispute Avoidance and Adjudication Board (DAAB) is an on the job-site dispute adjudication process, comprising one or three independent and impartial persons selected by the contracting parties. The Dispute Adjudication Board is usually appointed at the commencement of a project before any disputes arise and, by undertaking regular visits to the site, is actively involved throughout the project. It is also possible to agree to a DAB or DAAB any time thereafter. They are used to help parties avoid or overcome any disagreements or disputes that may arise during the implementation of the contract. They also assist in avoiding or overcoming disagreements and disputes.

Contractors who are working in local, regional and international markets will encounter the Dispute Adjudication Board (“DAB”) contained in each of the FIDIC Red, Yellow, Silver and Gold Books. Standing DABs can add value to a project in terms of real-life dispute avoidance. Factoring in the cost of a DAB at the outset should be seen as a proactive step towards dispute avoidance, rather than the alternative negative step of waiting for an issue to manifest itself into a fully blown dispute necessitating formal, costly and lengthy arbitration proceedings.

HOW DOES A DAAB WORK?

FIDIC provides for two different types of DAB’s – (1) a standing DAB (Red, Pink and Gold Books) and (2) an ad hoc DAB (Yellow and Silver Books).

• The Standing DAB – the DAB is named in the contract and appointed at the outset. In this way the DAB will be involved in a project from its start. The DAB will make regular site visits, contemporaneously read important communications, become familiar with the parties and key individuals and deal with issues as and when they arise. A standing DAB may be called upon to issue an opinion on a matter and will issue a report after each site visit.

• The Ad Hoc DAB – the DAB will be appointed only after a dispute has arisen and will deal
with the dispute accordingly.

DAB PANEL

ADR Services Ltd has an internationally recognised panel of DABs who can quickly, efficiently and effectively service your construction and other disputes at a fraction of the cost compared to litigation.

Our Panel of DAB’s are subject matter experts specialising in the areas of construction, engineering and law. Our DAB’s are experienced on major civil works infrastructure projects, vertical, horizontal, and specialty projects including; Docks and Storage Yards, LNG Facilities, Valve Stations, Intermodal Transportation Facilities, Airport Terminal Expansions, Industrial Plants, Bridges, Toll Plazas, Water Treatment Plants, Material Handling Facilities, Commercial and Residential Developments using traditional design-bid-build, design-build-finance, CM at risk, and fast-track project delivery systems.

Our DABs will also adjudicate on disputes arising from cost escalations, delays, loss of productivity, suspension of Works, actual and constructive acceleration, unusual severe weather, cardinal change, constructive changes, defective work, defective specifications, defective plans, defective materials, differing site conditions, prevention of early completion, impossibility of performance, strikes, labour shortages, improper inspection, inadequate supervision, failure to provide access or right-of-way, active interference, superior knowledge, misrepresentation and other hybrids of these types.

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