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Construction Law/FIDIC 1999 - DAB Provisions

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Expert: - 2/5/2012


Question
Is it required that a dispute is referred to the Engineer for determination under Cl 3.5 prior to referring to the DAB under Cl 20.4?

Answer
Dear Terry,
The Scl. 20.4 says that any dispute occurred in the contract can be referred to the DAB for its decision.
The claims - not the disputes - are referred to the Engineer to be analyzed and determined under 3.5. If a Party is not satisfied by this determination, the dispute so created can be referred to the DAB for its decision. But also a claim that did not have an answer for long time from the Engineer becomes a dispute and can be referred to the DAB, and also a certificate, an opinion, etc. of the Engineer to which a Party disagrees generate a dispute and can be referred to the DAB for a decision.
In principle, if a Party expresses a complain and the other Party has the opportunity to answer, but did not, for long time, or contested the complain, there is a dispute and it can be referred to the DAB for a solution (decision).
Hope this helps.
Best regards,
Alina

Construction Law

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Alina Valentina Oprea

Expertise

I can answer to questions regarding FIDIC 1999 contracts, including practical use of these conditions of contract, as well as to questions regarding dispute boards, both from theoretical and practical point of view. I cannot answer to questions related to procurement process, except to some (limited) extent.

Experience

implementation of works contracts (FIDIC 1999) financed by different financial institutions, including European Union; dispute boards

Publications
see http://alina.oprea.v.googlepages.com/publications ; DRBF Forum Newsletter; Drumuri si Poduri; Revista Constructiilor; SIDiR Newsletter

Education/Credentials
Graduated the University of Civil Engineering Bucharest, Faculty of Railways, Roads and Bridges (1985-1990); Trained under Mr. Gwyn Owen’s pupilage scheme for arbitrators/adjudicators under FIDIC mentoring scheme (2006 – 2007)

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