A paper given to the Society of Construction Law Hong Kong on 17 November 2004
The author looks at the dispute resolution advisor (DRA) system, as both a pre-contract dispute prevention and a post-contract dispute avoidance and resolution procedure, and its application both generally and to specific projects. The paper also examines how the DRA system has developed and examines briefly the changes that have been implemented by the introduction of the system to the Hong Kong Housing Authority. Finally, it considers the proposed pilot scheme for the introduction of the DRA system into Government civil engineering contracts, concluding with a brief examination of the future of the DRA system.
Basis of the DRA system – hybrid of other ADR techniques – based on escalation procedure – the independent intervener and dispute advisor – role and function of the dispute review board – project arbitration – other ADR techniques – preventing disputes by realistic risk allocation – DRA system and expectations of the system – post-contract – joint appointment – Queen Mary Hospital case study – application to the Hong Kong Construction Industry – the future use of DRA.
The author : Colin J. Wall, BSc (Honours), FRICS, SHKIS, FCIR, MACASE, MAE, CDR, RPS (QS), HKIAC Accredited Mediator, Chartered Arbitrator