Dispute review boards: expensive or priceless?
Jennifer McVeigh A and Karen Walters AMinter Ellison
The APPEA Journal 51(1) 127-134 https://doi.org/10.1071/AJ10008
Published: 2011
Abstract
The soft skill of dispute management is often overlooked. Our paper explores the benefits that a dispute review board can bring to a project. Traditional attempts to resolve disputes once they have arisen will be hampered by the parties’ attitudes to each other and the dispute resolver’s ability to understand the specific nature of the project.
We explore the growth in use of dispute review boards (DRB)–a small body of experts engaged at the commencement of a project, who become very familiar with the project and who can act as dispute managers. We contrast this model with traditional dispute resolution methods.
As well as exploring the benefits that a dispute review board can bring to a project, our paper also discusses the costs associated with it. The paper also discusses practical matters such as how to structure, appoint and engage with a DRB.
Jennifer McVeigh is a consultant with Minter Ellison. She has worked in the construction industry for 25 years. She specialises in the strategic resolution of disputes by negotiation, expert determination, mediation, arbitration and litigation. She is a qualified mediator and arbitrator. For four years, Jennifer sat as the full-time member of the Queensland Building Tribunal. She is also experienced in drafting, negotiating and advising on a broad range of construction and resources contracts. Jennifer has considerable experience in advising in respect of legislation and regulations relating to the construction industry in Queensland. Jennifer.mcveigh@minterellison.com |
Karen Walters is an associate with Minter Ellison, primarily focused on developing contract documentation and advising on major infrastructure projects, including roads, railways and ports. Karen has a particular interest in relationship style contracting including alliancing and early contractor involvement. Karen.walters@minterelleison.com |
