David is a Quantity Surveyor with 35 years’ experience in commercial management, pre-contract review, risk assessment, dispute avoidance, dispute management, adjudication and arbitration. He is currently a practising adjudicator and has been actively involved in oth adjudication and arbitration claims. David has published various articles in Terra et Aqua and is the author of the book, Adverse Physical Conditions and the Experienced Contractor.
Articles By David Kinlan
This article reviews various court cases over the past 50 years and considers their influence on marine infrastructure contracts and the allocation of risk between contract parties. The establishment of case law and legal precedent is an ever-evolving process, it being dependent on claimants to put their disputes through the court process to seek the outcome they desire. It is often a long and costly process. The rise of adjudication in various common law jurisdictions and countries means that often disputes are resolved without recourse to the courts and various industry standard contracts have arbitration as the final and binding mechanism to resolve disputes.
In the past decade, there have been noteworthy advances in case law with respect to adverse physical conditions as well as the development and use of digital ground models that have become more widespread. This article looks at the development and changes in risk profiles that may result due to these two developments.
Variations are essential in dredging contracts and they have the potential to generate extra costs and pose significant delay to projects. So, what is the best way to go about reaching a fair valuation in variations in dredging contracts?
FIDIC Conditions of Contract books are essential to the dredging industry. There is a whole suite of contracts for stakeholders to choose from to suit their needs. Discover when and why these contracts were made.
Allowing for dredging beyond the design dredge depth maybe a necessity. And that means ensuring that payment for overdredging is not an afterthought, but clearly specified in the contract.