Construction Dispute Boards
pages 171 - 184
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.
about the authors

Lukáš Klee – An expert on International Construction Law and FIDIC sample forms of contract, Lukáš currently works for a large construction company in central Europe. When away from the office, he lectures on International Construction Law at the Charles University Faculty of Law in Prague. As an extension of his teaching duties, Lukáš also trains lawyers at the Judicial Academy of the Czech Republic. Lukáš regularly publishes articles in the Czech Republic and abroad and is the author of three books related to International Construction Law.

e-mail: klee@email.cz

Daniel Nový – Holds law degrees from Trinity College Dublin, the University of West Bohemia and an LL.M. degree from Georgetown University Law Center. Daniel works as a transactional lawyer for a large, international public utility company in Prague, the Czech Republic. He is a member of the International Advisory Board of the Central European and Euroasian Law Initiative (CEELI) Institute.

e-mail: novy.daniel@gmail.com