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Principles of fair and balanced risk allocation, articulated in Max W Abrahamson, 'Risk Management’ (1983) International Construction Law Review 241, 244.
¶4.7.1
ACE
Association of Consulting Engineers (UK).
ACTSC
Supreme Court of the Australian Capital Territory.
¶34.2
adjudication
A method of dispute resolution in which an independent Adjudicatoe resolves the dispute by providing a provisionally binding determination of the parties’ contractual rights following an impartial assessment of the parties’ submissions and other evidence.a
¶25.2
Adjudicator
The independent person (Neutral) who carries out an adjudication.
¶25.2
ADR
Alternative dispute resolution.
¶1.4
ADR clause
An agreement by the contracting parties to adopt a specific form of ADR in the event of, or on the occurrence of, a dispute, and the contractual consequences of the decision of the independent Neutral.
¶25.5
APH
Australian Parliament House in Canberra.
¶15.1
Architect
See Engineer.
¶2.1
AS
Australian Standard.
¶11.3.1
ASCE
American Society of Civil Engineers.
¶3.6
Authority
Lower Yarra Crossing Authority.
¶22.2.1
balance of representation
In the context of writing an Australian Standard, balance of representation means: “The membership of a Standards Australia Committee is formally balanced as part of the constitution of the Committee to represent the broadest possible spectrum of stakeholder interests.”
FIDIC Form of Contract for Dredging and Reclamation Works – First Edition 2006, Second Edition 2016.
¶11.3.1
bouleversement de l'économie du contrat
Contractual equilibrium (France).
¶12.5.5
BWE
Bucket wheel excavator.
¶10.8.1
CAR
Contractor's All Risks (insurance policy).
¶23.3.2
CDB
Combined Dispute Board. A Dispute Board under the ICC Dispute Board Rules that is primarily a DRB, but can be a DAB if the parties choose.
¶25.5
CDM
Construction (Design and Management) Regulations 1994 (UK).
¶20.8.4
CISG
United Nations Convention on Contracts for the International Sale of Goods. Also known as the Vienna Convention.
¶36.12
clean expert
An independent expert who is not a member of the legal team.
¶31.3
Code
See Code of Practice.
¶10.2.1
Code of Practice
“A publication describing good practice. It does not have the force of law unless quoted as having such in the relevant regulations.”b
¶10.2.1
Concept Design Drawings
Drawings of the design prepared by Leighton Contractors Pty Ltd for the Bass Highway project and included in its tender submitted to the State of Tasmania.
¶17.3
consensus
In the context of writing an Australian Standard: “General agreement, characterised by the absence of sustained opposition to substantial issues by any important part of the concerned interests and by a process that involves seeking to take into account the views of all parties concerned and to reconcile any conflicting arguments.”c
¶10.2
contract
A legally binding agreement in which each party accepts obligations in exchange for rights granted by the other party in order to achieve the contract objective.
¶4.2
Contract
The construction contract being referred to.
¶1.1
Contract Administrator
The Engineer or Employer's Representative administering a FIDIC contract.
¶29.6.2
Contract E
The work of completion and erection of the steel spans of the West Gate bridge under a “cost plus” labour management contract, not including fabrication and subassemblies of the steel boxes.
The original contract for fabrication and erection of the steel box girder spans of the West Gate bridge.
¶22.2.2
Contractor
The party to a construction contract (the Contract) who carries out the work.
¶1.1
construction contract
Any contract where one person (including a corporation) agrees for valuable consideration to carry out construction of a physical structure (including building or engineering works) for another.
¶1.1
construction failures
Failures of buildings or engineered facilities that involve collapse of structures or result in loss of life.
¶20.1
Construction Manager
The Contractor in a construction management contract who has contractual responsibility for programming and coordinating the design and construction activities.
¶5.6
contractual adjudication
Adjudication of a dispute pursuant to the parties’ agreement to implement the agreed procedure in a contract.
¶25.2
contractual expectations
The contracting parties’ expectations of their rights and obligations based on the terms of the contract, objectively determined.
¶4.2
COVID-19 requirements
COVID-19 specific mandatory requirements introduced by governments.
¶12.3
CRB
Country Roads Board (Victoria).
¶16.3.1
CRW
CRW Joint Operation - a tripartite joint operation established under the laws of the Republic of Indonesia, comprising three Indonesian contractor companies. One of the parties in the Singapore High Court and Singapore Court of Appeal cases between PT Perusahaan Gas Negara (Persero) TBK and CRW Joint Operation.
¶27.4.2
CTR
Cost, time and resources schedule, a formal tool to plan, manage and report cost, time and resources on a task by task basis in a consulting engineer's assignment.
¶31.6.1
CTV
Building in Christchurch that collapsed in the February 2011 earthquake, with the loss of 115 lives.
Design, construct operate and maintain (contract).
¶26.2
design
All plans, drawings, sketches, instructions, and descriptions that determine the way the Works (or parts of it) are to be constructed. Design includes the writing or selection of specifications as well as the production of plans and drawings and any element of choice on the part of the designer, such as requirements as to materials or working methods.
¶5.2
design contract
A contract for the preparation of a design to be constructed under a construction contract.
¶1.1
design life
The expected service life that results from the design process.
¶7.9
design working life
“Duration of the period during which a structural element, when designed, is assumed to perform for its intended purpose with expected maintenance but without major structural repair being necessary.”d
¶7.9
design parameters
The required functions, service life and assumptions made for the design of a facility.
¶7.2
determination
A category of DR in which a Neutral assesses the facts and the law in relation to a specific dispute and provides a reasoned determination on how the dispute is to be resolved according to the parties’ legal rights. Determination methods include binding expert determination, arbitration and litigation.
¶30.2
DIER
Department of Infrastructure, Energy and Resources, Tasmania.
¶17.1
Direction
The instruction issued to the Contractor on behalf of the DIER to design and build the Bass Highway in cut 1.5m deep opposite Hagley House.
¶17.1
dirty expert
An expert consultant who is a member of the legal team.
¶31.3
Dispute Avoidance/Adjudication Board
A standing Dispute Board appointed under a 2017 FIDIC Contract to assist the parties in avoiding disputes, and to provide a provisionally binding decision on a dispute referred to it; if neither party issues a notice of dissatisfaction within a defined time, the decision becomes final and binding.
A Dispute Board that provides a provisionally binding decision on a dispute referred to it; if neither party issues a notice of dissatisfaction within a defined time, the decision becomes final and binding.
¶24.5
Dispute Board
A panel of one or three suitably qualified and experienced independent persons appointed under the Contract to be available to confer with the parties to assist in the avoidance of disputes or if necessary, to provide a determination of a dispute referred to it.
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