Using multi-party contracts to manage the risk of multi-contract disputes and promote dispute avoidance.

The most significant change made to AS 4000 as part of the 2024 update is the inclusion of additional dispute resolution options that the parties can select.

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.

This article considers the merits of variant Dispute Board models that have emerged in the Australian market.

Project owners want successful projects - on time, within budget, with expected benefits delivered. Australian Dispute Avoidance Boards have proven their ability to improve a project’s prospects of success. This article explains why.

Good advice on how to build a career in arbitration, and how to develop more efficient and effective processes for resolving business disputes

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.

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.

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.

Australian State and Federal governments have committed a record $120 billion to fast-track infrastructure projects over the next decade. Achieving this level of infrastructure delivery will be challenging given the stress that the Australian civil engineering sector is already under.