David is a contract and procurement specialist based in Queensland, Australia, with 35 years’ experience in marine infrastructure projects on a global basis. He has in depth knowledge of procurement practices, commercial management, contract and risk assessment, dispute avoidance, adjudication and arbitration. Together with co-author Kenneth Willems, David set up a consultancy, InfraMara to implement ECI and collaborative contracting in the infrastructure market. David has published a book dealing with adverse physical conditions and has previously published articles in Terra et Aqua on a range of subjects.
Articles By David Kinlan
Applying early contractor involvement in marine infrastructure procurement
Complex construction projects that use traditional procurement practices are often impacted by significant cost overruns and delays. Early contractor involvement (ECI) is a concept that strives to involve the contractor collaboratively at an early stage of a project’s development to mitigate or otherwise eliminate those risks. In August 2022, PIANC published the report “A framework for early contractor involvement in infrastructure projects” to help industry practitioners in choosing and best implementing ECI. This article is intended to develop on key aspects of the PIANC report and look at the factors that can lead to a successful maritime ECI project.
50 years of case law that transformed marine infrastructure contracts
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.
Adverse physical conditions: Legal development and changes in risk profiles
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.
Valuing Variations In Dredging Contracts
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?
Fair contract conditions and competition
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.