Thank you also to all our guests who shared questions and experiences too; this is what makes our webinars inclusive to the wider construction and engineering industry.
- Ann Russo of DRBF explained how new forms of contracts are aimed at avoiding disputes and that there is an increasing move towards having dispute avoidance boards in all major forms.
- Giorgiana Tecuci of DRBF covered how dispute boards apply the contract as written and will follow the relevant agreements. They will not impose their own concepts of fairness and equity.
- Bill discussed the case of 'Fraserburgh Harbour v McLaughlin', which found that a dispute must be referred to adjudication before it was referred to arbitration or the Court, as stated under the NEC contract.
- Bill also looked at the case of 'Aqua v Benchmark' which found that parties should ensure they have an actual contract in place and do not rely on without prejudice correspondence.
Webinar Case Law Notes:
Dispute Board Manual: