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ARTICLE · 24 APRIL 2013

Early Non-Binding Dispute Resolution: The Use Of Dispute Review Boards In Construction Projects

A discussion on the increasing presence of the Dispute Review Board in the construction projects industry.

CanadaLitigation, Mediation & Arbitration
Keith Bannon
Keith Bannon

Increasingly, Dispute Review Boards (DRBs) are playing an important role in construction projects both in Canada and internationally as parties appreciate the assistance of neutral experts with a familiarity with their projects who are able, on a quick and informal basis, to provide non-binding recommendations that divert disputes from what could otherwise become protracted and costly disputes.

Overview

DRBs are agreed to and appointed in the contract documents at the outset of a project. Typically, DRBs consist of one to three members who are agreed upon by both parties or selected through a nomination process. Members are selected for their subject matter expertise and experts are thus rarely called over the course of the board's deliberations. They familiarize themselves with the project and its key participants, and often conduct site visits at which parties make presentations to the board (Chern on Dispute Review Boards (Oxford: Blackwell Publishing, 2008) and

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