JCT Dispute Adjudication Board Documentation 2021 (DAB 2021)

JCT has announced the pre-order release of the Dispute Adjudication Board Documentation 2021 (DAB 2021), a new addition to the JCT 2016 contract suite.

• Designed for use with the JCT 2016 Design and Build Contract (DB) and JCT Major Project Construction Contract (MP).
• Enables parties entering into contract with either of the above forms to establish and operate a Dispute Adjudication Board.
• The documentation comprises the JCT/CIArb Dispute Adjudication Board Rules, a JCT Model Dispute Adjudication Board Tripartite Agreement, and enabling provisions for each of DB and MP.
• The publication also includes the Guidance Notes.

The pack in total contains all the key tools required for establishing and operating a Dispute Adjudication Board under a JCT Contract. About DAB 2021

JCT’s Dispute Adjudication Board Documentation provides a proactive approach to dispute avoidance and resolution. The documentation enables contracting parties to establish and operate a Dispute Adjudication Board – an independent panel of typically three experienced construction professionals – to provide a mechanism of dispute avoidance as a project develops and to make binding decisions (until final dispute resolution if required). The aim is to provide a framework for parties to identify and resolve potential problems and disputes early on to avoid costly litigation and damaging of project relationships.

Dispute Boards (DBs) have been in use on international projects for many years and are regarded as best practice in the area of dispute avoidance. Their uptake on UK projects has been limited given that statutory adjudication is provided in the form of the Construction Act. However, JCT recognised that there was a potential role for DBs, in the form of Dispute Adjudication Boards (DABs), to be used on UK-based projects, especially larger, longer-term projects, and that this could be done in a way that was consistent with and complemented the parties’ statutory right to refer disputes to adjudication under the Act.

In developing DAB 2021, JCT is pleased to have agreed with the Chartered Institute of Arbitrators (CIArb) for its form of DB rules to be used as the basis for JCT’s rules. Amendments have been made to the rules for this document to be used with a JCT contract form on a UK project. Other amendments to CIArb’s rules include establishing the Dispute Board as a Dispute Adjudication Board and ensuring that there is an Act compliant adjudication mechanism in place.

DAB 2021 has been designed for use with the Design and Build Contract and Major Project Construction Contract forms, both of which are suitable for large, longer-term projects. It was thought that these contract forms would be the most appropriate, as the establishment of a DAB will generate costs that must be proportionate to the nature and size of the project. The rules are for use between the Employer and the Contractor under the main contract.

The document pack, containing a model Tripartite Agreement, enabling provisions for DB and MP, guidance notes, and the JCT/CIArb Rules, provide users with the tools needed to establish and operate a Dispute Adjudication Board under a JCT Contract.