Level: Intermediate
TCM Section(s)
6.4. Forensic Performance Assessment
Venue: 2024 AACE International Conference & Expo
Abstract: FIDIC construction contracts used globally in many jurisdictions are frequently updated with improvements and contribution from users. Recent forms for Design-Bid-Build (Red book), Plant and Design-Build (Yellow book) and EPC/Turnkey (Silver book), called 2017 Rainbow Suite, aim fewer disputes and more successful projects, with emphasis on dispute avoidance. A collaborative approach requires prevention and anticipation, with current information developed during execution of the contract. Standing dispute board is mandatory in FIDIC 2017 Rainbow Suite and should be constituted at the beginning of the contract, with regular meetings and site visits, in order to prevent a claim from becoming a dispute. This type of dispute board is called Dispute Avoidance/Adjudication Board DAAB, formed frequently by three qualified members, independent and impartial. Alternative Dispute Resolution ADR models include DAAB as a consensual method, designed to diminish adversarial behavior. Selection of qualified neutrals to become members for DAAB is important for the success of prevention of disputes. This paper presents the avoidance importance and identify some critical factors and characteristics of professionals to be selected and appointed as DAAB member.
TCM Section(s)
6.4. Forensic Performance Assessment
Venue: 2024 AACE International Conference & Expo
Abstract: FIDIC construction contracts used globally in many jurisdictions are frequently updated with improvements and contribution from users. Recent forms for Design-Bid-Build (Red book), Plant and Design-Build (Yellow book) and EPC/Turnkey (Silver book), called 2017 Rainbow Suite, aim fewer disputes and more successful projects, with emphasis on dispute avoidance. A collaborative approach requires prevention and anticipation, with current information developed during execution of the contract. Standing dispute board is mandatory in FIDIC 2017 Rainbow Suite and should be constituted at the beginning of the contract, with regular meetings and site visits, in order to prevent a claim from becoming a dispute. This type of dispute board is called Dispute Avoidance/Adjudication Board DAAB, formed frequently by three qualified members, independent and impartial. Alternative Dispute Resolution ADR models include DAAB as a consensual method, designed to diminish adversarial behavior. Selection of qualified neutrals to become members for DAAB is important for the success of prevention of disputes. This paper presents the avoidance importance and identify some critical factors and characteristics of professionals to be selected and appointed as DAAB member.