Domestic Arbitration
Experience
Contractual disputes requiring arbitration
A shopping centre redevelopment was governed by contracts requiring disputes to be referred to arbitration. The project was substantially prolonged and there were significant cost overruns. Issues in dispute included claims for extensions of time and liquidated damages, arguments of prevention, concurrent delay and penalties, arguments as to scope, Trade Practices Act claims, Practical Completion issues and various contractual and payment claims.
Warehouse development dispute
A warehouse development had been proceeding smoothly until it was recognised towards the end of the project that construction activities substantially departed from approved plans in a number of respects. Importantly, this would give rise to substantial loss and damage, including pure economic loss, during the future intended use of various parts of the facilities. Disputes arose and were referred to arbitration. The issues in dispute included arguments as to the scope of work, responsibility for design, recoverability of economic and future loss, quantification of losses, defect rectification, rebuilding obligations, duty of care issues and security for costs.
Public infrastructure project involved in cross claims
The progress of an important public infrastructure project began to slow dramatically. Substantial claims ultimately arose and were referred to arbitration, including various cross claims. It was necessary to deal with claims of delay, which included:
Contractual disputes requiring arbitration
A shopping centre redevelopment was governed by contracts requiring disputes to be referred to arbitration. The project was substantially prolonged and there were significant cost overruns. Issues in dispute included claims for extensions of time and liquidated damages, arguments of prevention, concurrent delay and penalties, arguments as to scope, Trade Practices Act claims, Practical Completion issues and various contractual and payment claims.
Warehouse development dispute
A warehouse development had been proceeding smoothly until it was recognised towards the end of the project that construction activities substantially departed from approved plans in a number of respects. Importantly, this would give rise to substantial loss and damage, including pure economic loss, during the future intended use of various parts of the facilities. Disputes arose and were referred to arbitration. The issues in dispute included arguments as to the scope of work, responsibility for design, recoverability of economic and future loss, quantification of losses, defect rectification, rebuilding obligations, duty of care issues and security for costs.
Public infrastructure project involved in cross claims
The progress of an important public infrastructure project began to slow dramatically. Substantial claims ultimately arose and were referred to arbitration, including various cross claims. It was necessary to deal with claims of delay, which included:
- costs for delay
- acceleration and prolongation claims
- neutral delay claims
- issues associated with the recovery of off-site overheads and profit
- misleading and deceptive conduct claims (including by silence)
- time bars
- good faith obligations
- superintendent duties
- arguments as to the waiver of legal professional privilege
- discovery obligations in relation to commercially sensitive documents.