Infralegal’s insights into dispute avoidance and resolution.

Owen Hayford Owen Hayford

New proforma DAB Agreement for AS 4000’s new option of a Dispute Avoidance Board

The Dispute Resolution Board Foundation (Region 3) has updated its pro-forma DAB Agreement to coincide with the proposed inclusion of an option for a Dispute Avoidance Board in Standards Australia’s update of its General Conditions of Contract for “construct-only” construction contracts (AS 4000). Owen explains what the changes mean in this article.

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Owen Hayford Owen Hayford

Better dispute resolution for PPPs

Privately financed PPPs raise some unique dispute resolution challenges because of the contractual structure adopted to access limited recourse debt finance. The ‘gap risk’ that these challenges pose to equity investors and debt financiers is becoming more widely appreciated in the Australian PPP market as a result of some PPP disputes that are currently in play.

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Owen Hayford Owen Hayford

Linked Claim and Equivalent Project Relief Clauses

The recent court decision in Transurban WGT Co Pty Ltd v CPB Contractors Pty Ltd shines a light on the legal efficacy of linked claim and equivalent project relief provisions in reducing the risk of insolvency for special purpose project companies due to claims by its subcontractors for extra money or extra time. This article explains the purpose of these provisions and the problems and limitations associated with them, before offering some suggested solutions.

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Owen Hayford Owen Hayford

Want to avoid construction disputes, delays and cost overruns? Use a Dispute Board!

Dispute Boards have proven to be a highly effective way to manage the risk of disputes, cost overruns and delays on construction projects. When entering into a significant construction contract you should carefully consider investing in a Dispute Board to help you manage these risks. This article explains how Dispute Boards work and how to set them up for success.

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