Total-EPC-Book=180920

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5. การเลือกสมาชิก DAAB
5.4. What shall be done if the first two members fail to
recommend or the Parties fail to agree to the
recommendation by the date stipulated in the Contract
Data?
Either or both Parties should apply to the appointing entity
or official for the completion of the establishment of the
DAAB. However, it is much better practice to achieve mutual
agreement on the identity of DAAB members than to
abandon mutual selection and leave the selection to a third
party which has no ongoing connection with the
performance of the Contract.
5.5. When and how to negotiate and agree on the Retainer Fee
and Daily Fee with DAAB members?
In accordance with the paragraph 6, Payment of the General
Conditions of Dispute Board Agreement, "if the Parties fail to
agree on the retainer fee or the daily fee, the appointing
entity or official named in the Contract Data shall determine
the amount of fees to be used." As a practice, when the
Parties and/or the Engineer inquire the availability and
willingness of the potential nominee, they ask for the
nominee's proposal for fees, unless the Employer and the
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