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Dispute Boards in LatAm

Dispute Boards in a Changing Geopolitical Landscape

Design-Build Projects and the Future of Collaborative Infrastructure

In the construction and infrastructure sector, two models are reshaping how projects are delivered: Design-Build and Dispute Boards. With the proactive support of well-constituted Dispute Boards, Design-Build can achieve its “as-planned” expectations, enhance collaboration, and fulfill its promise to the industry and the communities whose quality of life depends on it—especially valuable in today’s uncertain geopolitical climate.

Design-Build: Speed and Integration

Unlike the traditional design–bid–build model, where architects and contractors are engaged separately and activities are sequential, Design-Build consolidates responsibility for both design and construction under one entity. This allows projects to benefit from well-coordinated parallel activities, rather than purely sequential ones.

This integration:

Speeds up project delivery. Reduces blame-shifting between parties. Aligns incentives to focus on results.

  • Speeds up project delivery.

  • Reduces blame-shifting between parties.

  • Aligns incentives to focus on results.

But overlapping roles, parallel activities, and shorter delivery times also increase complexity—and complexity inevitably increases the chances of disputes.

Dispute Boards: Prevention, Not Just Resolution

This is where Dispute Avoidance and Adjudication Boards (DAABs) play a constructive role in keeping projects moving forward, all while ensuring compliance with the contract. A qualified, well-managed DAAB is not merely a panel to resolve conflicts—it is a catalyst for collaboration.

Dispute Boards in Design-Build projects:

Help parties anticipate and address issues before they escalate. Facilitate communication across technical, legal, and cultural boundaries. Preserve commercial relationships and build trust in environments where deadlines, resources, and reputations are at stake. Protect the delivery of essential infrastructure—highways, hospitals, and water systems—that communities depend on.

  • Help parties anticipate and address issues before they escalate.

  • Facilitate communication across technical, legal, and cultural boundaries.

  • Preserve commercial relationships and build trust in environments where deadlines, resources, and reputations are at stake.

  • Protect the delivery of essential infrastructure—highways, hospitals, and water systems—that communities depend on.

For the DAAB, the real client is the Project itself.

The Geopolitical Factor

Today, Design-Build infrastructure projects are increasingly shaped by geopolitics:

Global investment competition, including state-backed projects. Project finance requirements adapted to local risks. Shifting trade corridors across Latin America, Asia, and Africa. Public-private partnerships addressing urgent development needs.

  • Global investment competition, including state-backed projects.

  • Project finance requirements adapted to local risks.

  • Shifting trade corridors across Latin America, Asia, and Africa.

  • Public-private partnerships addressing urgent development needs.

These pressures create political and cultural risks in addition to technical ones. Dispute Boards provide stability, helping projects withstand not only contractual disagreements but also external volatility.

Why It Matters Now

For governments, owners, contractors, and financiers, the lesson is clear:

The promise of Design-Build is to deliver speed and efficiency, achieving state-of-the-art infrastructure in record time. Dispute Boards foster collaboration and manage conflict.

  • The promise of Design-Build is to deliver speed and efficiency, achieving state-of-the-art infrastructure in record time.

  • Dispute Boards foster collaboration and manage conflict.

Together, they protect investments, timelines, and reputations in a world where infrastructure is not only a development tool but also a geopolitical instrument.

A Vision for the Future

The promise of Dispute Boards is not just dispute resolution—it is about creating systems that adapt, prevent conflict, and keep projects moving.

As President-Elect of the DRBF, and with decades of experience bridging law and engineering across continents, I have seen firsthand how structured, preventive dispute systems can safeguard communities. I have also seen how the absence of such systems—even in the world’s largest projects—can transform opportunity into failure and missed benefits for society.

The future of infrastructure will belong to those who engineer collaboration as carefully as they engineer bridges, ports, and hospitals. Dispute Boards are the blueprint.

The information in this article is for general informational purposes only and does not constitute legal advice.

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Field notes on construction and infrastructure across the Americas — dispute prevention, cross-border risk, and the engineering behind the law.

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