anna perdriau directorate of capital facilities processes and compliance workshop – 31st may 2013...
TRANSCRIPT
Anna PerdriauDirectorate of Capital Facilities Processes and Compliance
Workshop – 31st May 2013
DISPUTES!
Capital Facilities and Infrastructure Branch
How to confidently resolve conflict in your contracts.
Defining Disputes
What is the nature of a Dispute in CFI?
CFI Disputes Tracker
Defining Disputes
What is a Dispute?
Conflict Difference Disagreement
From what is stated in the Contract…. Versus what is happening in practical terms.
Don’t delay…..Consult DCFPC!
Defining Disputes
How will I know?
Read the signs…
Don’t delay…..Consult DCFPC!
Suite of Contracts: Dispute Clauses
Observations in Trends
What types of disputes typically arise in CFI?
Observations: Common Causes
* Quality / Default / Performance* Delays / Time* Scope* Contract administration
Don’t delay…..Consult DCFPC!
Actioning Disputes
What should I do?
How we approach Disputes in CFI:
The Suite of Contracts has a process The steps are very clear Four step process in the Contract
Don’t delay…..Consult DCFPC!
Actioning Disputes
What should I do?
Overall steps to take:
1. Consult DCFPC - guidance on the process2. Expert Determination – check the criteria3. Executive Negotiation – planning is key4. Arbitration – avoid5. Your Behaviour counts!
Don’t delay…..Consult DCFPC!
Actioning Disputes
• 2.3(b)• 4.2(b)• 7.3(a)• 7.4(b)• 8.4(e)• 8.22• 9.5• 9.9(b)(i)• 9.10• 10.8
• 10.9• 10.12• 11.3(b)• 11.3(c)(ii) • 11.3(d)• 11.6• 12.4• 12.19(e)(ii)• 13.2(b)(ii)• 14.8(a)• 18.3(e)
Should I go to Expert Determination?Clauses to consider - your checklist…
Observations in Trends
Court Cases
Observations in Trends
Summary of Key Points:
* We use Value For Money and the Four Es to guide us: Effective, Efficient, Ethical, Economical;
* Our Contracts contain a robust framework - four step process;
* We have not been to Court – able to resolve;
* We need to keep the issues moving – not stagnate;
* You are not alone – help is available!
Don’t delay…..Consult DCFPC!
Defining Disputes
Think you have a Dispute on the boil….
Who you gonna call?....