| Dispute
Resolution Board (DRB) DRBs
are usually appointed at the commencement of a project and may
comprise one or more members. The members stay in touch with the
project by receiving regular reports and copies of correspondence
that are, or may turn out to be, contentions. The purpose of the DRB
is to have experts familiar with the project available to assist in
resolving issues quickly so that project management is not unduly
distracted by the resolution process and damage to the parties'
relationships is minimised.
DRBs are
increasingly used on major projects such as the UK Olympic Games
projects, large international projects and term agreements. The
rules under which a DRB functions will vary and the scope of the
mandate can be varied with the parties' agreement: It may have
authority to give contractual opinion and it may perhaps mediate
upon disputes and differences referred to it. Most DRBs have the
authority to adjudicate references to them. At all times, the DRB
members are expected to act in a fair and impartial manner.
DRBs have had a
great deal of success in reducing the cost and pain of dispute
resolution by working with the parties and tackling issues before
adversarial dogma overtakes pragmatism. DRBs are ideally suited to
NEC and partnering contracts but should be considered for all forms
of contract for major projects.
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