DRB Concept
The DRB is a panel of three experienced, respected and impartial reviewers. The board is organized before construction begins and meets at the job site periodically. DRB members are provided with the contract plans and specifications and become familiar with the project procedures and the participants, and are kept abreast of job progress and developments. The DRB meets with the owner and contractor representatives during regular site visits and encourages the resolution of disputes at the job level.
When a dispute flowing from the contract or the work can not be resolved by the parties, it is referred to the DRB. The board review includes a hearing at which each party explains its position and answers questions from the other party and the DRB. In arriving at a recommendation, the DRB considers the relevant contract documents, correspondence and other documentation, and the particular circumstances of the dispute.
The board's output consists of a written, nonbinding recommendation for resolution of the dispute. The report normally includes and explanation of the board's evaluation of the facts and contract provisions and the reasoning that led to its conclusions. Acceptance by the parties is facilitated by their confidence in the DRB in its members technical expertise, firsthand understanding of the project conditions, and practical judgment as well as the parties opportunity to be heard.
Organization
Typically, and often with the recommendation of the designer, the owner decides to provide for a DRB on a project and incorporates the required provisions in the bidding documents. Soon after contract award, each party proposes one member and those two select the third member. The appointments of all three members are subject to the approval by both parties. The board is finally established through the execution of a three party agreement by both parties and the DRB members. Each member is required to serve both owner and contractor with total impartiality.
The DRB typically conducts an initial organizational meeting at the site when construction is just beginning. It meets with both parties and is supplied with copies of the contact documents. A project briefing acquaints the DRB with the nature of the work and the contractor's plans for executing it. Procedures and timing for the board's regular site visits are established. Procrastination in forming the DRB can reduce the effectiveness of the entire procedure.
Results
The 2005 tabulation of the DRB Foundation is available for download. This is the most recent tabulation provided by the DRBF. Click on the "DRB Stats" button on the left to obtain details about many projects where DRBs have been used with success.
DRBs are now recognized as a regular and necessary adjunct to many construction projects throughout the USA and the world. The use of DRBs is recognized and endorsed by the American Arbitration Association, the Construction Industry Dispute Avoidance and Resolution Task Force, the CPR Institute for Dispute Resolution, the Construction Industry Institute, the Construction Industry Presidents Forum, the Associated General Contractors of America, the American Underground Association, the Institution of Civil Engineers of the United Kingdom, the International Committee on Large Dams, the International Tunneling Association, the World Bank, the Asian Development Bank, and the European Bank for Reconstruction and Development. Some organizations including the World Bank go further and now require the use of DRB in certain projects.
