The latest issue of the Building and Construction Law Journal (Volume 27 Part 4) contains the following material:
- The search for meaning
BOOK REVIEW – Ian Nosworthy
- International Commercial Arbitration by Rashda Rana and Michelle Sanson
The tender process contract, under which government contracting authorities are bound to treat all potential tenderers fairly and equally, is fast becoming a familiar concept in the Australian public procurement sphere. However, little consideration has been given to the resulting negative consequences on the practice of public tendering in Australia. Government authorities have responded to judicial recognition of the tender process contract by increasing procedural compliance and restricting communication with tenderers, resulting in decreased flexibility and innovation. The new method of tendering introduced in the European Union in 2004, known as “competitive dialogue”, is a potential solution to these problems. Competitive dialogue encourages open communication and collaboration between contracting authorities and potential tenderers, and this article uses the London 2012 Olympic Games procurement experience to analyse the positive impact that a pre-submission dialogue phase can have on both the process and outcome of procurement for complex projects.
The unsatisfactory outcomes produced by traditional dispute resolution mechanisms in the construction industry have driven a shift in emphasis towards the prevention of disputes. This article seeks to understand how construction disputes can be avoided by examining their legal definition and the stages of conflict preceding their crystallisation. This analysis is used to demonstrate how dispute review boards can play an effective and valuable role in preventing disputes from arising on construction projects.
- Seabay Properties Pty Ltd v Galvin Construction Pty Ltd
- Simcorp Developments and Constructions Pty Ltd v Gold Coast Titans Property Pty Ltd
- T & M Buckley Pty Ltd v 57 Moss Rd Pty Ltd
For the pdf version of the table of contents, click here: BCL Vol 27 Pt 4 Contents.