Dispute Resolution

At CMGuide, we specialize in providing expert dispute resolution services for FIDIC contracts worldwide, ensuring your construction and engineering projects stay on track with efficient and fair resolutions. Our services are tailored to the unique requirements of FIDIC contracts (1999 and 2017 editions), offering a comprehensive suite of solutions, including:

  • Dispute Adjudication Board (DAB)
  • Dispute Avoidance Adjudication Board (DAAB)

  • Expert Determination

Why Choose cmguide.com.au for Dispute Resolution?

  • FIDIC Expertise: Extensive experience with FIDIC contracts, ensuring compliance with their multi-tiered dispute resolution processes.
  • Global Reach: Our services are applicable worldwide, adhering to international standards and best practices.
  • Proven Track Record: Successfully resolving disputes to save time and costs for a wide range of clients globally.
  • Client-Focused Approach: Customized solutions to meet your project’s specific needs.

1. Dispute Adjudication Board (DAB) and Dispute Avoidance Adjudication Board (DAAB)

 

DABs and DAABs are cornerstone mechanisms in FIDIC contracts for resolving disputes promptly, maintaining project momentum.

How They Work:

  • A DAB consists of one or three independent experts appointed at the project’s start, providing binding decisions on referred disputes.
  • The DAAB, introduced in the 2017 FIDIC contracts, adds a proactive dispute avoidance role, assisting parties before disputes escalate.
  • The process follows a multi-tiered approach: Engineer’s determination, DAB/DAAB referral, and arbitration if unresolved.
  • FIDIC mandates DAB/DAAB referral before arbitration.

Benefits:

  • Early dispute resolution to minimize project delays.
  • Cost savings compared to arbitration or litigation.
  • Preservation of working relationships.
  • Enforceable decisions compliant with FIDIC standards.

Our Services:

  • Appointment as a sole or panel member under FIDIC Suite of contracts.
  • Ongoing dispute avoidance through project monitoring and early intervention.
  • Conducting hearings, reviewing claims, and issuing binding decisions.

2. Expert Determination

An independent expert with specialized knowledge makes a binding decision on a specific dispute issue.

When Appropriate:

  • Chosen if explicitly stated in your contract or mutally agreed by the parties.
  • Ideal for contractual complex issues requiring expertise (e.g., Unforeseeable Physical Conditions).
  • Alternative to DAB/DAAB for specific matters.

Benefits:

  • Speed: Quick decision delivery.
  • Expertise: Decisions by industry specialists.
  • Cost-Effective: Less formal than arbitration.

Our Services:

  • Providing expert determination services.
  • Access to a panel of industry experts.
  • Assistance drafting expert determination clauses.
  • Support throughout the process.

How to Engage Our Services

  • Contact Us: Reach out via email or the form below to discuss your needs.
  • Tailored Proposal: Receive a customized plan based on your contract and requirements.
  • Implementation: Our team guides you through the process, ensuring FIDIC compliance.

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