ABSTRACT
Disputes shall be decided by a dispute avoidance and adjudication board (DAAB) in accordance with Sub-Clause 21.4. Arbitration may be commenced before or after completion of the Works. The obligations of the Parties, the Engineer and the DAAB shall not be altered by reason of any arbitration being conducted during the progress of the Works. If that 28-day period has passed then basically the Party who is dissatisfied is effectively disbarred from challenging the DAAB’s decision. The fact that it is only a challenge to part of the Decision should not and must not prevent the dissatisfied Party from issuing the Notice of Dissatisfaction. Both Parties shall promptly make available to the DAAB all information, access to the Site, and appropriate facilities, as the DAAB may require for the purposes of making a decision on the Dispute. Unless the Contract has already been abandoned or terminated, the Parties shall continue to perform their obligations in accordance with the Contract.
