05 February 2004
Welcome to the February edition of Clayton Utz Projects Insights. In this edition we discover how Security of Payment laws apply to alliance contracts.
We also look at the global demand for Australian experience with different PPP frameworks and project structures, and how new industrial relations requirements affect contractors who want Australian Federal PPP contracts.
Finally, we examine a HK Review Panel's decision highlighting some of the tensions faced by government bodies in conducting public tenders, and NSW's home warranty insurance exemption for multi-storey residential buildings.
By Doug Jones.
With the decline of Government funding and overseas development assistance, PPPs play an increasingly important role in international major projects. Doug Jones looks at Australia's experience with different PPP frameworks and innovative project structures, which is much sought after overseas.
By Owen Hayford and Stuart Connor.
No dispute clauses in alliance contracts can be consistent with the adjudication regimes set out in Security of Payment legislation, say Owen Hayford and Stuart Connor, but cannot exclude adjudication proceedings under it.
By Colin Dodd.
Colin Dodd discusses why, under WTO guidelines, Government procurement bodies should consider possible challenges to the tender process before entering into a binding contract with the preferred tenderer.
By Dr Graham Smith.
The new industrial relations requirements can prove an obstacle for contractors wishing to secure Australian Commonwealth PPP contracts, as Graham Smith explains.
By Sergio Capelli.
Sergio Capelli looks at the effect of NSW's Home Building Amendment (Insurance Exemptions) Regulation.
Doug Jones is an international infrastructure and dispute resolution lawyer who heads our International Arbitration, Construction and Major Projects Groups.
John has played a pivotal role in the formulation and success of the National Major Projects Group; his specialisation is in the structuring and financing of major projects and in debt and equity raisings of all descriptions.
