Dispute boards

Dispute boards

A dispute board is a body established pursuant to the provisions of a construction contract (eg under the FIDIC forms) to assist the parties in the avoidance and resolution of disputes arising during the life of a project. Depending on the form of contract and the applicable rules, a dispute board may be tasked not only with determining disputes referred to it, but also with proactively assisting the parties to avoid disputes escalating. See Practice Note: Dispute boards—what are they and what are their advantages and disadvantages?

The scope of a dispute board’s powers, its procedures and the status and effect of its decisions are determined by the contract under which it is appointed. A dispute board does not generally have any statutory powers. Boards are commonly composed of three members, although a single member board may be appointed on smaller or less complex projects. Board members are usually appointed under a separate tripartite agreement between the parties and the individual members,

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Construction News

A ‘sledgehammer to crack a nut’—Supreme Court overturns Court of Appeal’s decision on JCT termination provisions (Providence v Hexagon)

Construction analysis: The Supreme Court unanimously overturned the Court of Appeal’s decision on the interpretation of the termination provisions in the Joint Contracts Tribunal (JCT) Design and Build Contract 2016. The court held that a contractor cannot terminate under clause 8.9.4 for a repeated ‘specified default’ unless it has an accrued right to terminate under clause 8.9.3 (ie, where an earlier specified default had continued for the period for cure). The Supreme Court considered that this interpretation was consistent with the objective, natural meaning of the words of clause 8.9.4—and that, to find otherwise could lead to ‘extreme’ outcomes, enabling the contractor to terminate for relatively slight breaches.

National Planning Policy Framework—analysis of proposed reforms and other changes to the planning system

Planning analysis: The latest consultation on the National Planning Policy Framework (NPPF) signals a decisive move towards centralisation in planning policy. Key reforms include a strengthened national decision-making role, significant changes to green belt policy, such as an ‘affordable housing floor’ and a refined definition of ‘grey belt’ alongside adjusted criteria for veteran trees, all of which may impact site delivery. Housing reforms focus on densification and accessibility, especially near transport hubs, while climate and environmental requirements are strengthened, emphasising evidence for net zero and renewable energy. Collectively, these changes heighten complexity for development schemes and underscore the continuing importance of guiding applicants and stakeholders through this transitional landscape. Written by Adam Richards, associate, planning and compulsory purchase, Burges Salmon, Bristol.

ARB launches consultation on professional practical experience changes

The Architects Registration Board (ARB) has launched a consultation on proposed changes to professional practical experience (PPE) for trainee architects, aimed at improving fair and consistent access to high-quality practical experience for aspiring architects. The reforms are intended to strengthen support for trainees as they progress towards registration. The consultation closes on 15 April 2025.

RICS publishes Scotland Manifesto with policy recommendations for Scottish Government

The Royal Institution of Chartered Surveyors (RICS) has published its Scotland Manifesto setting out policy priorities for the next Scottish Government, launched ahead of the Scottish Budget on 12 January 2026. The manifesto recommends introducing fully funded apprenticeships for all SME-employed apprentices under the age of 25, aligning Scotland with existing UK commitments. RICS calls for an urgent review of building surveying and commercial valuation course provision across Scotland and reform of higher education funding to reflect Scotland's economic needs. The manifesto recommends establishing a Ministerial Oversight Group on retrofit and introducing legislation to measure and report embodied carbon in line with RICS Whole Life Carbon Assessment Standard. To support housing delivery, RICS recommends creating a Housing Land Agency, introducing a presumption in favour of modern methods of construction for social housing, and ensuring all local development plans are up to date. The recommendations address workforce capacity issues, with Skills Development Scotland estimating the construction sector will require at least 10,000 additional jobs by 2028.