Dispute Resolution Boards
A Dispute Resolution Board (DRB) is a panel of three experienced, respected, and impartial reviewers. The Board is organized before construction begins and meets at the jobsite periodically. The Board is usually formed by the employer selecting a member for approval by the contractor, the contractor selecting a member for approval by the employer, with the two thus chosen selecting the third to be approved by both parties. The three DRB members then select one as chair with the approval of the employer and contractor.
DRB members are provided with the contract documents, become familiar with the project procedures and the participants, and are kept abreast of job progress and developments. The DRB meets with employer and contractor representatives during regular site visits and encourages the resolution of disputes at the job level. The DRB process helps the parties head off problems before they escalate into major disputes.
When a dispute flowing from the contract or the work cannot be resolved by the parties, it can be referred to the DRB. The Board review includes a hearing at which each party explains its position and answers questions. In arriving at a recommendation, the DRB considers the relevant contract documents, correspondence, other documentation, and the particular circumstances of the dispute.
The Board’s output consists of a written, non-binding recommendation for resolution of the dispute. The report includes an explanation of the Board’s evaluation of the facts, contract provisions and the reasoning which led to its conclusion. Acceptance by the parties is facilitated by their confidence in the DRB-in its members technical expertise, first-hand understanding of the project conditions, and practical judgment; as well as by the parties opportunity to be heard.
While the DRB recommendation for resolution of a dispute is non-binding, the DRB process is most effective if the contract language includes a provision for the admissibility of a DRB recommendation into any subsequent arbitration or legal proceeding.
TECBAR DRB members
- Jonathan Acton Davis QC (1977 | 1996)
- Peter Aeberli (1990)
- Sir Robert Akenhead (1972 | 1989)
- Nicholas Baatz QC (1978 | 1998)
- Ben Beaumont (1978)
- Philip Boulding QC (1979 | 1996)
- Martin Bowdery QC (1980 | 2000)
- Paul Buckingham (1995)
- Cyril Chern (1972)
- Ivan Clarke (1973)
- Robert Clay (1989)
- Peter Collie (1994)
- Annaliese Day QC (1996 | 2012)
- Taner Dedezade (1996)
- Nicholas Dennys QC (1975 | 1991)
- Robert Evans (1989)
- William Godwin QC (1986 | 2017)
- Karen Gough (1983)
- Simon Hargreaves QC (1991 | 2009)
- Isabel Hitching QC (1992 | 2019)
- Abdul-Lateef Jinadu (1995)
- Andrew Kearney (2007)
- Calum Lamont (2004)
- Peter Land (2007)
- Thomas Lazur (2005)
- Susan Lindsey (1997)
- John Marrin QC (1974 | 1990)
- Lynne McCafferty QC (1997 | 2018)
- Jeremy Nicholson QC (1977 | 2000)
- Alexander Nissen QC (1985 | 2006)
- Andrew Noble (1992)
- David Parratt QC (1999 | 2017)
- Darryl Royce (1976)
- David Sharpe (1999)
- Alan Steynor (1975)
- David Streatfeild-James QC (1986 | 2001)
- John Tackaberry QC (1967 | 1982)
- Robert-Jan Temmink QC (1996 | 2017)
- Samuel Townend (1999)
- Andrew White QC (1980 | 1997)
- Crispin Winser (2003)
- Ian Wright (1989)
TECBAR DRB Scheme Clerk
Oliver Goldsmith
Keating Chambers
15 Essex Street
London WC2R 3AA
Tel: 020 7544 2701
DX: LDE 1045