By Giovanni Di Folco Civil Engineer 5

DRBF REGIONAL CONFERENCE
IN DOHA QATAR
5 – 7 November 2012
DISPUTE BOARDS (DBs) – THE
CONTRACTOR’S PERSPECTIVE
By Giovanni Di Folco
Civil Engineer
By Giovanni Di Folco Civil Engineer CONTENTS
1. 
2. 
3. 
4. 
Advantages of the DB for the Project;
Effect on tendering;
Benefit of rapid resolution of issues;
Contractor’s preference for a DB; decision or
recommendation.
By Giovanni Di Folco Civil Engineer 1. ADVANTAGES OF THE DB FOR THE PROJECT
•  DBs may be used in all major
constructions’ areas;
•  May assure avoidance of disputes;
•  Improve communications and
maintain the relationships between
the Parties;
•  Address the problems during the
construction process (real-time
assessment);
•  Avoid submission of claims at the
end of the project;
By Giovanni Di Folco Civil Engineer 1. ADVANTAGES OF THE DB FOR THE PROJECT – cont.
•  Less time required for the DB
procedure than the arbitration
proceedings;
•  The costs are lesser than the
arbitration or litigation costs;
•  O ff e r a n i n f o r m a l a n d n o n adversarial process;
•  Impartiality and independence of
the DB member(s).
By Giovanni Di Folco Civil Engineer 2. EFFECT ON TENDERING
•  The tenders will be lower;
•  The costs of the DB are shared
between the Parties;
•  A strong indication that fair play will
prevail during the Contract’s
performance.
By Giovanni Di Folco Civil Engineer 3. BENEFIT OF RAPID RESOLUTION OF ISSUES;
•  May prevent the issues from
becoming disputes;
•  Savings in respect of time and
money;
•  Less time required than the
arbitration proceedings;
•  E a s i n g c a s h - f l o w p o t e n t i a l
difficulties;
•  Fair and timely justice at a minimal
expense of time, money and project
resources.
By Giovanni Di Folco Civil Engineer 4. CONTRACTOR’S PREFERENCE FOR DB DECISION OR
RECOMMENDATION •  The DB’s recommendation may be
implemented;
•  The DB’s decision has to be
implemented;
•  Both the recommendation and the
decision may be used as the basis
for negotiating an agreement;
•  DB Recommendation - notice of
dissatisfaction - the parties, they
may voluntarily comply with the
Recommendation but they are not
bound to do so;
By Giovanni Di Folco Civil Engineer CONTRACTOR’S PREFERENCE FOR DB DECISION OR
RECOMMENDATION – cont.
• 
DB Decision - notice of
dissatisfaction – the Parties are
bound to comply with the Decision
unless and until the arbitral tribunal
or the court rules otherwise;
•  The author’s experience is that the
Contractors are interested in having
the matter resolved in a final and
binding manner.
By Giovanni Di Folco Civil Engineer DRBF REGIONAL CONFERENCE
IN DOHA QATAR
5 – 7 November 2012
By Giovanni Di Folco Civil Engineer