How to Ensure a DAB is Formed Correctly

A blog subscriber recently asked for some advice on the setting up and organisation of a Dispute Adjudication Board (DAB). They specifically wanted to know what might be done if one of the parties is trying to frustrate the dispute procedure by refusing to agree to the appointment of the DAB. The following advice is related to the FIDIC contracts but may be equally applied to other forms of contract that have dispute board provisions.

Read more


Inadequately Expressed Claims: the second most frequent reason for disputes

ARCADIS have recently published their Global Construction Dispute Report 2018 and unsurprisingly “Poorly drafted or incomplete/unsubstantiated claims” is reported as the second most frequent reason for disputes. This annual report has consistently ranked the same reason highly for several years, so it seems that the industry is not learning the fact that the onus is on the claimant to properly prove his case and that failure to do so will be costly and time-consuming.Read more


Delay: Choosing the right method for your dispute

How should delay be analysed and what options are available? When a delay occurs on a project, analysing cause and effect is vital to understanding where liability lies. Delay analysis (sometimes called Forensic Planning) is something which some refer to as a ‘dark art’. Arguably because it’s often misunderstood by those who carry it out or claim to understand it. This article aims to set out some of the key elements to consider when undertaking an analysis or working with an analyst to demonstrate delay.Read more


New Top Tips Paper! Application of Dispute Boards on Construction Projects

Most contracts have provisions whereby the Engineer, or his equivalent under other forms of contract, is required to make a fair determination of the claim. They also include a requirement that the parties attempt to reach amicable agreement in situations where either party does not accept the Engineer’s determination. Read more


Top Causes of Disputes in the Construction Industry

EC Harris' report Global Construction Disputes report 2013 lists the following as the top causes of disputes in the construction industry:Read more


New Website Offers Information on the Use of Dispute Boards in MENA

I have been an advocate for the use of Dispute Boards on construction projects for many years and knowing the considerable benefits that they bring to projects, I have also attempted to promote their use.Read more


When disputes are decreasing in the rest of the World, but on the increase in the Middle East, why has this region been so slow to recognise the added value of dispute adjudication boards?

The FIDIC forms of contract are the most widely used contracts for construction works in the Middle East and North Africa. These contracts have included provisions for the appointment of Dispute Boards since 1999, but the adoption and use of DABs in the region has been slow when compared to most other parts of the world.Read more