BEST – Conciliation committee accompanying construction

The conciliation committee accompanying construction (BEST) was presented as the German form of a Dispute Adjudication Board for the first time in the Jahrbuch Baurecht 2002 (2002 Construction Law Yearbook). The Bayrische Bauindustrieverband (Bavarian Association of the Construction Industry) took up the idea and drafted rules which could be added to the usual construction contracts.

A part of the expansion of the autobahn A3, 6-lane expansion in the section between Hösbach and Kauppen near Aschaffenburg was chosen by the Supreme Bavarian Building Authority as a construction project for which a BEST was carried out.

The test phase ran from the beginning of 2010 to the end of 2011.

The conciliation committee accompanying construction was formed by

Professor A. Lang of the LHR GmbH & Co KG, Heppenheim, Germany,
for the technical/construction operations part,
and

Professor Motzke,
for the for den construction law part

 

Main characteristics of a BEST analogous to adjudication are:

  • Borne by both parties
  • Own high level of technical and legal expertise
  • Regular informative meetings
  • Appeal in case of differences of opinion
  • Active, fast clarification of the facts and discussion at one’s own discretion

Development of settlement proposals