ELEMENTS OF A SUCCESSFUL DRB

 

1.         DRB members are approved by both the owner and the contractor.

2.         The parties and DRB members sign a Three-Party Agreement.

3.         DRB fees and expenses are shared equally by the parties.

4.         The DRB is organized when work begins and before any disputes arise.

5.         The DRB keeps abreast of job developments by periodically reviewing relevant documents and regularly visiting the site.

6.         Either party can refer a dispute to the DRB; a hearing is convened promptly.

7.         The DRB’s written recommendations are not binding, but are admissible as evidence in subsequent adjudication.

8.         DRB members are absolved from personal or professional liability arising from their DRB activities.

9.         DRB members possess the following characteristics:

·     Objective, neutral, impartial, and free from conflict of interest for the project duration.

·     Knowledgeable in the type of construction and dispute-prone facets of the work.

·     Experienced in interpreting contract documents and resolving construction disputes.

·     Good listener and effective communicator.

·     Able to write clearly, concisely, and convincingly.

·     Expert in running effective meetings under difficult circumstances.

·     Trained in the DRB process.

The Dispute Resolution Board Foundation

Texas Chapter

Fostering Common Sense Dispute Resolution in Texas
Text Box: DRB