Anna PerdriauDirectorate of Capital Facilities Processes and Compliance

Workshop – 31st May 2013

DISPUTES!

Capital Facilities and Infrastructure Branch

How to confidently resolve conflict in your contracts.

Defining Disputes

What is the nature of a Dispute in CFI?

CFI Disputes Tracker

Defining Disputes

What is a Dispute?

Conflict Difference Disagreement

From what is stated in the Contract…. Versus what is happening in practical terms.

Don’t delay…..Consult DCFPC!

Defining Disputes

How will I know?

Read the signs…

Don’t delay…..Consult DCFPC!

Suite of Contracts: Dispute Clauses

Observations in Trends

What types of disputes typically arise in CFI?

Observations: Common Causes

* Quality / Default / Performance* Delays / Time* Scope* Contract administration

Don’t delay…..Consult DCFPC!

Actioning Disputes

What should I do?

How we approach Disputes in CFI:

The Suite of Contracts has a process The steps are very clear Four step process in the Contract

Don’t delay…..Consult DCFPC!

Actioning Disputes

What should I do?

Overall steps to take:

1. Consult DCFPC - guidance on the process2. Expert Determination – check the criteria3. Executive Negotiation – planning is key4. Arbitration – avoid5. Your Behaviour counts!

Don’t delay…..Consult DCFPC!

Actioning Disputes

• 2.3(b)• 4.2(b)• 7.3(a)• 7.4(b)• 8.4(e)• 8.22• 9.5• 9.9(b)(i)• 9.10• 10.8

• 10.9• 10.12• 11.3(b)• 11.3(c)(ii) • 11.3(d)• 11.6• 12.4• 12.19(e)(ii)• 13.2(b)(ii)• 14.8(a)• 18.3(e)

Should I go to Expert Determination?Clauses to consider - your checklist…

Observations in Trends

Court Cases

Observations in Trends

Summary of Key Points:

* We use Value For Money and the Four Es to guide us: Effective, Efficient, Ethical, Economical;

* Our Contracts contain a robust framework - four step process;

* We have not been to Court – able to resolve;

* We need to keep the issues moving – not stagnate;

* You are not alone – help is available!

Don’t delay…..Consult DCFPC!

Defining Disputes

Think you have a Dispute on the boil….

Who you gonna call?....