Dispute 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.
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Several Tecbar members are experienced in DRBs.
These members include: |
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Members of TECBAR have vast collective experience of construction arbitrations both domestic and international, whether under ICC or other rules. Few domestic construction arbitrations occur without TECBAR members being instructed as advocates for one or more of the parties, and members have appeared in international construction and related arbitrations throughout the world. TECBAR members who are also Chartered Arbitrators are specialists in design defects, delay claims, architect/engineer negligence claims, contractor errors, site defects, building collapses, construction techniques, project administration and related matters and are available on short notice to advise or act as arbitrator at any location. These members include:
Construction Adjudication is a well-used dispute resolution process in which an independent third party makes a rapid decision when the parties to a construction contract are in disagreement. The popularity of the procedure instituted by the Housing Grants, Construction and Regeneration Act 1996, together with the breadth of the definition of “construction contracts” have contributed greatly to the wide expansion of the use of the adjudication procedure. There have been a large number of TCC judgments in adjudication enforcement proceedings, which have both simplified the workings of the process in some areas and complicated it in others. TECBAR members have instigated the growth of the adjudication jurisprudence through their involvement as advocates in enforcement procedures, and a number of them have developed real expertise in the field. They and other members have also been frequently appointed as adjudicators so that TECBAR is able to provide a showcase of experienced adjudicators who are able to accept instructions and to act on very short notice. The Adjudication Scheme Clerk has developed significant experience in the appointment of adjudicators so that the process can be as swift and trouble-free as possible. 
Mediation is the art of helping parties to a dispute to resolve their differences without resort to litigation, arbitration, or adjudication. Mediation has become increasingly popular as a dispute resolution alternative both within the framework of existing litigation and as a true alternative to it. It is the ADR process with which the judiciary are most familiar and in which lawyers have received most training. TECBAR members have considerable experience of drafting mediation position papers and of attending mediations and TECBAR has a significant number of experienced mediators, including some of the leaders in the mediation field. They are as follows: