This month's interview is with Tim Triplett.  Tim is General Counsel for Black & Veatch a leading global engineering, consulting and construction company. ded in 1915, Black & Veatch was founded in 1915 specialises in infrastructure development in energy, water, and telecommunications.  During his 30-year legal career, Tim developed a practice focusing on a broad range of services in the construction and engineering area and he has substantial experience with litigation, arbitration and mediation of multi-million dollar domestic and international disputes, contract review and insurance issues. Tim is also a member of the DBF Advisory Panel.

 
What, in your opinion, is the greatest motivation for Contractors to have Dispute Board provisions in their Contracts?  I think it is really the same as everyone else in the construction process:  a fair and efficient means of resolving disputes at or near the time when the dispute arises.  In addition, contractors in particular do not want to be in a situation is which they are (at least allegedly) being required to "finance" changes to a project while it is on-going.  In these difficult economic times, when profit margins for contractors are particularly low,  quick resolution of these type of issues and thus the questions surrounding payment to the Contractor, are even more important.

 

Over the past 5 years have you noticed any trends in dispute resolution in the construction industry either towards mediation, arbitration, or litigation?     I think one trend I am seeing is the growing realization that arbitration of construction disputes can potentially be just as expensive and complex as litigation, and thus the entire question of using arbitration v. litigation just on the basis of economy is being questioned.  I would also note that the ever-growing trend towards the very early use of mediation is also reversing.  People now realize that parties can actually use mediation too early in the dispute process, and this can be quite detrimental in the long-term. 

 

What is the biggest cause of construction disputes?    Pretty obviously, money.  But, what causes construction disputes about money is very often the lack of a clear understanding among the various parties as to scope of services or work.  If these disputes can be handled effectively when the dispute arises, everyone has a better chance to proceeding with the project with the least amount of disruption to the process. 

 

 

The Dispute Board Federation is holding its 2009 Winter Symposium in Istanbul Turkey the 12th through the 15th of November 2009.

 

 

This promises to be an exceptional event with leaders in International Finance, Insurance, Construction, Alternative Dispute Resolution , and Dispute Boards come together for lively debate and discussions on the future of Dispute Boards, their integration with Alternative Dispute Resolution such as Mediation and the re-building of the infrastructure in courties that are emerging from recent conflict.

 

The Symposium is divided into working sessions, discussion groups and lectures all on these subjects with the presentation of papers on these subjects along with the presentation of a prize for the most insightful and thought provoking paper.

 

In addition to the working sessions there will be a gala dinner for all participants and the opportunity for networking amongst the approximately 200 planned participants.

 

Please save the dates and note the time restrictions for the submissions of papers.

Registration for this Symposium will open 1 August 2009 for more information or to be put on the waiting list for this Symposium please contact Jonathan Varoqui email: j.varoqui@dbfederation.org.