The Use of Dispute Review Boards in Construction Projects A Comparison of Turkey UK and US


Tas E. F., Ozge F.

A|Z ITU Journal of the Faculty of Architecture,, cilt.12, ss.187-204, 2015 (Hakemli Dergi)

Özet

In construction projects, contracts that are prepared to define rights, authorisation and responsibilities of owner and contractor are significant legal documents during the project construction phase. No matter how carefully contracts are prepared, they may not include all the provisions concerning possible negative situations that may arise between parties during the project phase. Disputes, which can be defined as conflicts and disagreements between parties, can occur. In recent years, Alternative Dispute Resolution (ADR) has been developed in the global construction sector in order to reduce disputes and prevent litigation. One of the alternative solutions is the Dispute Review Board (DRB). DRBs prevent disputes, help to quickly resolve disputes and minimise dispute costs. This paper aims to discuss the potential use of the DRB in construction projects in Turkey by comparing DRB usage in the US and the UK. In this context, a field survey was conducted with DRB experts in the US and in the UK, where DRBs have wider applications; and also in Turkey where their application is limited. In light of the findings obtained from the field survey, positive and negative aspects of the use of DRBs is put forward Furthermore, as DRB usage in the case of Turkey is rather limited, its possible applicability as a dispute resolution method is discussed.