CHAPTER 49
A NEW LOOK AT DRBS: AAA OFFERS NEW DRB ROSTER AND PROTOCOL
Robert J. Smith and Robert A. Rubin
I. Introduction
In the toolbox of ADR techniques, there is one dispute avoidance
and resolution mechanism that has proved to be effective time and time
again in eliminating or resolving construction disputes—the dispute
review board. The DRB, which is usually a panel of three neutral,
technically qualified individuals, provides the owner and the contractor
with recommended solutions to disputes at the construction site “in real
time.”
Up to now, public sector owners have been the principal users of
DRBs. In order to make the process more widely understood and
increase its use in both private and public construction, the American
Arbitration Association has developed three important resources:
• DRB procedures and guidelines (Guide Specifications);
• A model contract that documents the rights and responsibilities
of owners and contractors and the members of the DRB (the
Three-Party Agreement); and
• An AAA roster of highly experienced DRB panelists.
The drafters of the Guide Specifications and Three-Party Agreement
sought to improve on existing DRB models. Distinguishing features
include DRB selection from a roster of experienced construction experts,
requiring disclosures by prospective DRB members prior to their
Robert J. Smith and Robert A. Rubin are civil engineers, attorneys, experienced DRB members, and members of the AAA’s roster of neutrals. They both participated in drafting the original American Society of Civil Engineers’ DRB specifications. Mr. Smith co-authored the CONSTRUCTION DISPUTE REVIEW BOARD MANUAL. He is a partner in Wickwire Gavin, P.C. Mr. Rubin is a senior partner in Postner & Rubin.
