Projects Insights

03 June 2004

Welcome to the June edition of Clayton Utz Projects Insights. In this editionwe look at two problems in project insurance: how do contractual indemnities sit with the insurance, and allocating uninsurable force majeure events.

Public/private partnerships continue to throw up challenges, and we'll look at the advantages of various PPP delivery models, and their unique features in information technology projects.

Finally we'll find out how to make your tender process (relatively) pain-free, and why non-legal advisers should be wary of producing documents which could have tax implications.

PPPs - Considering all the options

By Owen Hayford.

A number of Australian Government Public Private Partnership policies focus on privately financed PPPs, but as Owen Hayford explains, all possible PPP delivery models should be considered.

Project insurance and contractual indemnities - where does the loss fall?

By Douglas Bishop.

When preparing insurance and indemnity clauses, project participants should specify whether the contractual indemnities are to have primacy over, or be co-ordinate with, the insurances, warns Doug Bishop.

Major projects and uninsurable events

By Larissa Burnett.

Allocation of uninsurable force majeure events is a complex process, as Larissa Burnett explains, that requires balancing the parties' interests in the context of the particular project, as well as insurance market conditions.

The implications of the Melbourne City Link Tax Case

By Allan Blaikie and James Mayne.

Allan Blaikie and James Mayne discuss why non-legal advisers (including accountants, economists and investment bankers) should be wary of producing documents which could have tax implications.

Avoiding the pitfalls of tendering

By Robert Backstrom.

Understanding the tender process and the role of the documents in the tender package goes a long way to getting what you want. Robert Backstrom looks at some practical ways to improve your tender process.

Unique aspects of IT PPP projects

By Julian Gyngell.

As IT Public Private Partnerships become more popular, it's important to understand their unique features, as Julian Gyngell explains.

Has reform of building regulation worked?

That's the question the Productivity Commission has been asked to answer by the Parliamentary Secretary to the Federal Treasurer, Ross Cameron.

Profile: Barry O'Keefe

Obtaining Barry's services as a consultant is a significant development for our Major Projects practice, providing an even greater depth of expertise and benefit for our clients.

Profile: Alan Maguire

Alan has extensive experience in the development and financing of infrastructure, resource and energy projects.

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