Dispute Resolution Boards

Dispute Resolution Boards are a method of dispute resolution where the parties select 1 or 3 Dispute Board Members prior to the start of a construction project to review the execution of the project in an on-going basis during construction. When a dispute flowing from the contract or the work cannot be resolved by the parties, it can then be referred to the DRB. The DRB will examine the parties’ positions and, if necessary, hold hearings to ascertain the details of the dispute. If the DRB is not able to lead the parties to an agreement, it will issue a non-binding Recommendation (if it is a Dispute Resolution Board) or Decision (if it is a Dispute Adjudication Board), the latter of which is binding unless modified by a subsequent arbitration award or settlement on other terms by the Parties.

Mr. Madden has served on Dispute Boards on large, complex construction projects including motorway, subway and high-rise hotel/condo construction. Mr. Madden is a former member of the Board of Directors of the Dispute Resolution Board Foundation.