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Papers

Our published papers are available in PDF format to members only. Please log in to see a link underneath each paper to download the PDF. 

Until recently Australian courts have followed the decisions of English courts, which have restricted the meaning of the expression ‘consequential loss’ to loss that falls within the second limb of Hadley v Baxendale.  However, since 2008 there have been a number of cases which have refused to…

Over the past two decades, more than a dozen jurisdictions around the world have enacted legislative reform programs to promote ‘security of payment’ within their construction industries. There are two linked foundations to these reforms: ensuring prompt payment for work done, and rapid interim…

This paper looks at the major project risks, discussing the following: Understanding the true project risks - time/program/liquidated damages/ prolongation, design, output guarantee, quality, cost; Negotiating appropriate risk allocation - reaching appropriate negotiated positions which are…

This paper aims to identify aspects of the law, and of dispute resolution practice, which it is advisable for parties to construction contracts to keep in mind in relation to the managing of claims – starting with some points of general application, and then considering some specific points…

This paper looks at some of the advances in the use of technology over recent years including the use of supercomputers. It will review the latest advances in scheduling/ programming construction projects and the interconnection with BIM, It will assess some of the sampling techniques used for…

The inclusion of arbitration agreements in construction contracts is the new normal.  Large or small, complex or simple, arbitration is an undeniably popular method of dispute resolution in the construction industry.   One of its key benefits is said to be the ability to choose your decision…

Two senior lawyers and two experienced experts discuss the role of experts across jurisdictions and the common tensions that arise from both the experts’ and lawyers’ perspectives. This paper also includes practical suggestions as to how these tensions can be resolved (or at least managed).

Far too many mega-projects have failed because of recurring root causes.  These causes include: (1) First of a kind (FOAK) projects, either in terms of new technologies or scale; (2) Insufficient information to develop effective project controls and schedules; (3) Design schedules, scope and…