Author Archive
Journal Article – Is evaluative mediation the preferred model for construction law disputes?
In June Chris Lenz’s article was published in the Building and Construction Law Journal. A link to the article is below. Chris Lenz: Is evaluative mediation the preferred model for construction law disputes? (2015) 31 BCL 134.
Continue ReadingWater and Wastewater Industry
Chris Lenz is a lawyer and chartered professional engineer with a passion for water and wastewater. As an engineer, he supervised the construction of a mass concrete dam in a remote mountainous location with its delivery water pipeline in rugged terrain. He was involved in the design of a wastewater treatment plant, pump stations, and […]
Continue ReadingOur construction mediation research article is now published!
On 4 December 2014 our newsletter made reference to Chris Lenz’s research into the evaluative mediation model for Australian construction disputes, and his hope that it would be published in a peer reviewed journal. The publishers of the Building and Construction Law Journal (Thomson Reuters) kindly published the research paper this week. The article’s name and […]
Continue ReadingAlternative dispute resolution – construction mediations
Mediation for construction disputes Chris Lenz has now carried out his research about whether evaluative mediation is the preferred model in the Australian construction industry. His conclusion, based on a theoretical “fact scenario”, is that evaluative mediation is not the preferred model for construction disputes. He is seeking to have it published in a peer […]
Continue ReadingBCIPA Amendments
On 1 and 2 October 2014 Chris Lenz, a registered adjudicator, attended a compulsory two-day training course for registered adjudicators to become familiar with the amendments to the Building and Construction Industry Payments Act 2004 (“BCIPA”) which were passed in Parliament on 11 September 2014. The amended BCIPA is awaiting assent by the Governor. For […]
Continue ReadingMediation – Negotiate a resolution of your dispute and maintain good relations
Between 11 and 14 September 2014, our principal, Chris Lenz, attended a postgraduate mediation course at the University of Queensland. Having undergone mediation training in 1990 and again in 2002, and having conducted over 80 mediations since then, Chris was amazed at how much mediation had developed over the last 10 years or so. In […]
Continue ReadingWill some of Forge’s creditors be $50 million richer?
On 26 July 2014 Amanda Saunders of the Sydney Morning Herald reported that KordaMentha, receivers for the Forge Group, were issuing proceedings in the New South Wales Supreme Court seeking control of four gas turbines from APR Energy (“APR”), which had leased the turbines to the Forge Group for power station construction. She stated that […]
Continue ReadingBank guarantees not to be used for unliquidated demands, e.g. Damages
Earlier this year, Martin J, in the case of Beyfield Pty Ltd v Northbuild Construction Sunshine Coast Pty Ltd [2014] QSC 12 held that the builder could not call on bank guarantees for its claims for damages against sub contractor for alleged trespass, breach of sub contract, negligent or intentional damage, despite a widely drafted […]
Continue ReadingSpecial Offer for May & June 2014!
LEGAL ADVICE FOR A FIXED FEE The GFC and the current uncertain economic climate may mean that your business is not investing for the future. One impediment may be your concern about legal costs. As a profession, lawyers generally charge for work at an hourly rate divided into short time increments. The reason for this […]
Continue ReadingExpected changes to BCIPA
On 15 April 2014 the QBCC held a briefing (with 3 speakers) at the Convention Centre for adjudicators about the forthcoming legislative changes to the Building and Construction Industry Payments Act 2004 (“ BCIPA”). Andrew Wallace, the barrister appointed by Government to provide recommendations after community and industry consultation, provided a background to the work […]
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