Procedures are generally included in Building and Construction involving industry experts rather than legal practitioners to find a speedy, cost effective and ‘private’ solution. The options include:

MEDIATION: Now favoured
EXPERT DETERMINATION: not common in South Africa
ADJUDICATION: competent, but not final
ARBITRATION: Binding determination, lengthy and expensive
Then LITIGATION: very lengthy and very expensive

FIDIC for large complex projects favours the appointment of a two/three person Dispute Avoidance Board (DAB) of experts on a retainer to avoid disputes by regularly reviewing the design and execution processes – could also be used with JBCC® agreements by agreement of the parties