Latest published papers:
- Aug 2006 – Balanced Baselines
This paper discusses the use of a Geotechnical Baseline Report (GBR) to reduce risk, costs and disputes in construction contracts.
- March 2006 – Rebalancing Risk and Reward
The efficient management of risk in construction projects requires contractors and clients to work together to deliver the right project for the right price using a practical, cost effective contractual framework that support this innovation. This paper will outline some fundamental pre-conditions to the development of efficient risk balanced contracts that encourage effective relationships and efficient project delivery.
Latest casewatch cases:
- Haridemos v Labathas  ACTSC 110
When deciding whether an appointed person under the arbitration clause in their agreement is an expert to make his expert determination or an arbitrator to make his award, the Court looked at the function, decision, and facts such as: the words used, the requirement stated in the Deed, and the qualification of the appointed person. The Court concluded that the parties agreed to appoint an expert. As a result, it was held that the Court does not have jurisdiction to hear an appeal from an expert determination.
- Austruct Qld Pty Ltd v Independent Pub Group Pty Ltd
Austruct Qld Pty Ltd (‘Austruct’) entered into an agreement with Munday Group Pty Ltd, which was subsequently assigned to Independent Pub Group Pty Ltd (‘Independent’), for renovations to a hotel.