– Dispute Boards: Is the Australian model right?

Barry Tozer ME, MConstrLaw,  FIE Aust, MICE, MASCE, MAAACE, FCIArb, FIAMA
3.30 in Kirraala

Other sessions in this timeslot
Why mediation in.. 1.5hr
How to use technology.. 1.5hr
Collaborative family.. 1.5hr
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Dispute Boards (DBs) have come to prominence in Australia over the past decade as a means of achieving economical and efficient resolution of disputes during the construction of major infrastructure projects generally avoiding the need to proceed to arbitration or litigation at the conclusion of the works. In the USA, Dispute Resolution Boards (DRBs) make recommendations to the parties following referral of a dispute. FIDIC adopted Dispute Adjudication Boards (DABs) in its suite of engineering and construction contract documents used on international infrastructure works funded by the Multilateral Development Banks. Under the FIDIC provisions, a decision of the DAB is binding on the parties. In Australia, we have a DAB (Dispute Avoidance Board) which, it is said, better identifies the role and purpose of the DB. This paper discusses the features of the local process and, given the differences elsewhere, asks the question: “Is the Australian model right?”

Get to know Barry
barry tozerBarry Tozer is a cost engineering expert with over 40 years experience in building, engineering and mining infrastructure construction work. After 10 years experience on construction projects in Australia and overseas, he established consulting engineers, Tozer & Associates Pty Ltd, in 1979 to provide contract administration, estimating and scheduling services to the construction industry. Since 1981, he has prepared detailed reports on costs, schedules variations and defective work for use in dispute settlement. Barry Tozer was a part-time lecturer in construction estimating and costing, financial management and contract law to engineering students at UNSW and Sydney University from 1983 to 1994. He has conducted arbitrations and mediations since becoming qualified by IAMA in 1991 and adjudications under the NSW Act since 2003. He was appointed as Court Referee in NSW on several occasions, has been an international arbitrator in one matter and presently serves on four Dispute Resolution boards within Australia. He is a member of the DRBF and a foundation member of DRBA.

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