Current Challenges Facing the Dispute Review Board (DRB) Process

The recommendations resulting from a Dispute Review Board (DRB) hearing of a contract dispute are being challenged more and more frequently. This paper explores possible causes based on the authors’ experiences. Challenges facing the DRB process include: The DRB process is starting to lose some of the informality and flexibility. Both owners and contractors appear to be putting too much weight on a board recommendation on a dispute. DRB’s do not make “decisions,” they provide recommendations for dispute resolution to both parties. The DRB process is not just for contractors to present an unresolved issue to a board hearing. Owners can also initiate a request for a hearing on a disputed issue. For the DRB process to remain a viable element of the successful construction project, confidence must continue to be maintained in a process that is intended to work on behalf of both parties to the construction contract.