To Be or Not to Be—That Is the Question: Is a DRB Right for Your Project?

Abstract

Dispute review boards (DRBs) have been used on a wide variety of projects both in the United States and abroad. However, this alternative dispute resolution1 methodology has been around for over 3 decades and as of 2006 has been used on over 1,434 projects according to the Dispute Resolution Board Foundation; therefore, now is the time to consider whether the benefits of a DRB outweigh its potential downside. Some DRBs are successful in that all issues have been resolved prior to the close of the project, while others have failed and caused the issues to travel the continuum to litigation and/or arbitration. The writer’s first experience with a DRB was one that failed and the issues continued to both arbitration and litigation at great expense to both the owner and the contractor. The purpose of this paper is to explore the questions that need to be asked to determine whether or not a DRB is right for your project. It will outline the history and development of a DRB as well as its use in the United States and abroad. It will evaluate the advantages and disadvantages of using a DRB to permit a deliberate decision on whether or not a DRB is right for your project.