DALLAND ASSOCIATES PTY LTD  

ABN 31 081 197 113

CONSULTING CIVIL AND STRUCTURAL ENGINEERS - DISPUTE MANAGEMENT

CONSTRUCTION AND CONTRACT MANAGEMENT - FIDIC CONTRACTS AND ADJUDICATIONS

Contact details: Tel 612 4360 2052       Fax 612 43602 058

Postal Address:     PO Box 4059   Wagstaffe NSW 2257 AUSTRALIA

Email: peer@dalland.com.au

 

CURRICULUM VITAE

 

1. Family name:           DALLAND        

2. First names:             Peer    

3. Date of birth:            18 April 1941

4. Nationality:               Australian  

5. Civil status:              Married

6. Education:

Institution from - to

Degrees and Diplomas obtained

University of Manchester England 

BSC Tech Civ. Eng 1965

University of Adelaide 

Professional Certificate in Arbitration and Mediation 2000

Institution of Engineers Australia

Chartered Professional Engineer (CPEng) National Professional Engineering Register in Structural and Civil Engineering

Institute of Arbitrators and Mediators Australia

Accredited Mediator, Arbitrator and Adjudicator

FIDIC

Presidents List of Adjudicators



7. Language skills: Indicate competence on a scale of 1 to 5 (5 - excellent; 1 - basic)

Language

Reading

Speaking

Writing

English

5

5

5

Norwegian

5

5

5

Danish

4

3

1

Swedish

3

2

1

 

 

8. Membership of professional bodies:

  • Fellow of The Institution of Engineers, Australia
  • Member Association Consulting Engineers Australia (now Consult Australia)
  • Affiliate Member of FIDIC
  • FIDIC Presidents List of Dispute Adjudicators         
  • Member Institute of Arbitrators and Mediators Australia (MIAMA)
  • Member DRB Foundation and DRBA (Dispute Resolution Board Australasia Inc)
  • DRBF President’s List of Adjudicators
  • Fellow of the Dispute Board Federation (DBF) – Included on list of approved adjudicators
  • Member DBF Asia Pacific Advisory Council (APAC)
  • Adjudicator - NSW Building and Construction Industry Security of Payment Act 1999.
    • Actively involved for many years with the Institution of Engineers, Australia, Sydney Division 
    • Chairman, Civil Engineering Panel, 1992
    • Chairman, Engineering Practice Sydney Division Committee 1993, 1994 and 1995
    • Former member of the Lower Parramatta River Floodplain Management Committee.

 

9. Training:

Legal and dispute training:

 

  • FIDIC Adjudication Assessment Workshop Sussex 2006 - Presidents List of Adjudicators 2006

Two day Seminar and Workshop The FIDIC Contracts – Amsterdam October 2005 – (Cornerstone Seminars)

 

  • DRB Foundation Training Workshop “The Effective Use of DRBs” – Dubai 2005 – (DRBF, FIDIC and ICC)

 

  • DRB Foundation Training Workshop “Dispute Resolution in Multicultural Environments” – London May 2009

 

 

 

 

IAMA workshops and training attended:

  • Expert Determination Workshop 1998
  • Mediation workshop 1998
  • Professional Certificate in Arbitration and Mediation 2000 – IAMA and University of Adelaide
  • Mediation Master Class 2000
  • Accreditation Course for Adjudicators 2000 (NSW Building and Construction Industry Security of Payment Act 1999)
  • Arbitration Skills – Award Writing Course 2002
  • Negotiation Workshop 2002
  • Expert Determination Workshop 2003
  • Arbitration Skills – Award Writing Course 2003
  • Accreditation Course for Adjudicators 2003 (NSW Building and Construction Industry Security of Payment Act 2000 Amendments)
  • Master Class for Grade 1 & 2 Arbitrators 2004
  • Adjudication Master Class 2005
  • Contract Administration and Project Planning 1967 – (NSW Dept. of Public Works in conjunction with PA Management Consultants)
  • Construction Contracts Administration 1977
  • Construction Law Master Class 2002 – (Key Media Pty Ltd)
  • Master Class for Grade 1 & 2 Arbitrators September 2006
  • Adjudicators Master Class 27 June 2009
  • Adjudicators Master Class 24 July 2010
  • Arbitration Bridging Course Commercial Arbitration Act 2010 (based on UNCITRAL Model Law)

 

10. Other skills: Fully computer literate

 

11. Present position:    Principal and Managing Director, Dalland Associates Pty Limited           

 

12. Years within the firm:         18

 

13. Key qualifications:

  • Over 45 years experience in Design, Construction, Supervision and Project Management of a wide variety of Civil, Engineering Projects.
  • Dispute resolution and Construction Claims Consultant.
  • Construction Specialist Consultant to the Asian Development Bank - India.
  • Facilitator and Advisor – Contract negotiations – Sri Lanka and PNG
  • Construction Management Advisor Facilitator
  • Contract negotiations.
  • Extensive experience as General Manager of Construction and Consulting Engineering Practices
  • Project Management on a variety of Civil Engineering and Building Projects. 
    • Hands on construction experience.

 

14. Fields of specialisation:

  • Contracts - Contract Claims - Claims Assessment - Contract Documentation - Construction Planning and Scheduling
  • Dispute Resolution and Dispute Avoidance
  • Tender preparation - Bid Assessment
  • Civil Engineering Contract Administration and Project Planning
  • Civil Engineering and Building Contract Claims and Disputes
  • Civil and Structural Engineering Design and Construction
  • Roads and Motorways - Bridges - Bridge "Slides" - Major Earthworks
  • Harbours and Rivers - Breakwater Construction - Dredging Operations - Wharfs - Quarry operations
  • Oil refineries and Petrochemical plants – Fuel, Oil and hazardous chemicals storage and distribution facilities
  • Water Supply and Sewerage - Sewage Treatment Plants - Water and Sewer Reticulation - Pumping Stations Reservoirs - Earth and Concrete Dams - Tunnelling
  • Heavy Foundations - Piling Operations - Demolition - Explosives
  • Hydrology - Drainage - Flood Mitigation – Dam Safety Evaluations
  • Wind Engineering
    • Flood Estimation and Floodplain Management

 

 

 

 

Dispute resolution experience:

  • Member Liverpool Turnback DRB – Sydney, Australia
  • Sole Dispute Board Member Road Contracts in Ethiopia 2009
  • 3 arbitration awards in NSW, Australia under the NSW Commercial Arbitration Act 1987.
  • Adjudicated in over 25 adjudications under the NSW Building and Construction Industry Security of Payment Legislation
  • Court Referee appointed by Newcastle District Court (NSW).
  • Mediator in construction disputes
  • Chaired negotiations in major construction disputes and contract negotiations.
  • Dispute Boards – organising and presenting seminars on the functions and procedures of Dispute Adjudication Boards and Dispute Review Boards.
  • Evaluation of Dispute Board performance (project specific)

 

 

15. Specific geographical experience:

Country

Date from - Date to

Eritrea

1994

Sri Lanka

1996, 2007

India

2007

Papua New Guinea

2007

Ethiopia

July 2009 - ongoing

South Africa

January 2010 – May 2010

 

16. Professional experience:

Date

From - to

Location

Company

Position

Description

11 June 2010 - ongoing

Sydney

John Holland Group/TIDIC

Member DRB

  • New Down Main track at Liverpool station, NSW Australia
  • Amended form of AS 4916 - 2002

1st January 2010 – June 2010

 

Intermittent

South Africa

Parsons Brinckerhoff

Individual Specialist International Consultant

  • Medupi Power Station project. FIDIC contracts – Yellow book, Red book (1999) NEC
  • Services provided:
  • Contract Administration – Claims specialist, Preparation of 20.1 responses, 3.5 determinations, training in FIDIC contract provisions
  • Commercial Management – proactive support to procurement, facilitator in negotiations, audit submissions to procurement/tender committees.
  • Co-ordination of Legal Advice - Monitor and contribute to the establishment and management of Dispute Adjudication Boards (DAB) and support DAB process.
  • Develop Processes/Audit Process Compliance

July 2009 - ongoing

Ethiopia

ERA/Keangnam Enterprises Ltd

Sole Dispute Board Member (SDBM)

  • Aposto Wondo Negele Road Upgrading Project – Contract 1
  • FIDIC MDB Harmonised Conditions of Contract

May 2009 – August 2009

Home Office Australia

Coffey International Ltd

Consultant – Contract Specialist

  • Preparation of contract documentation for project in Iraq

January 2008 - ongoing

Home Office Australia

Dalland Associates Pty Ltd

Contract claims Adjudicating Building and Construction Disputes Expert reports

  • Preparing and evaluating Construction Contract Claims
  • Adjudication of several Building and Construction Disputes under the NSW Building and Construction Industry Security of Payment Act 2000.
  • Preparation of Expert Reports – litigation support – structural failures – flood damage
  • Construction Contract reviews  

Mar 2007 – end Dec 2007

Sri Lanka

Asian Development Bank

Contract Management Specialist and

Independent Observer, Advisor, Facilitator

  • Independent Observer, Advisor, Facilitator – Contract Negotiations and Bid Assessments
  • Facilitator and Advisor – Contract Restructuring
  • Advising on establishment and operation of Dispute Adjudication Boards.
  • FIDIC 4 Contract Conditions.

May  2007 – June 2007 worked in with Sri Lanka above

India

Asian Development Bank

Construction Management Specialist

  • National Highway Authority India involving FIDIC 4 Contracts.
  • Assessment of Project performances.
  • Advising on non–adversarial options for improving contract performance.

2007 – January 2008

 

 

 

 

 

Papua New Guinea

Department of Works

Port Moresby

 

 

 

 

Advisor, facilitator negotiator

 

 

 

 

 

Principal

 

  • Advisor/facilitator during contract negotiations with Employer’s Project Manager Consultant on World Bank funded Road Reconstruction and Maintenance projects in 8 provinces in PNG.
  • Chaired contract negotiations.
  • Advised on Special Conditions of Contract using WB SRFP and WB contract conditions.

 

1996 - 2009

 

Home office Australia

 

Dalland Associates Pty Ltd

 

Principal

 

 

  • Conducted over 25 Arbitrations, Mediations and Adjudications.
  • Acted as Ad-hoc Single DAB member delivering 3 non-binding determinations in separate constructions disputes resulting in amicable settlement of all disputes.
  • Organiser and presenter of 3 seminars on Dispute Adjudication Boards in association with the Association of Consulting Engineers Australia (ACEA) and Dispute Resolution Board Foundation Australasia.

 

  • Preparation of numerous expert reports and opinions relating to:

-           Construction Methods

-           Construction Accidents

-          Contractual Disputes

-          Contract Claims

-          Structural Failures

-          Flooding Issues.

1980 - 1996

Australia

Dalland Associates Pty Ltd

Principal

  • Consulting in the fields of civil and structural engineering.
  • Contract administration and construction management.
  • Flood mitigation.
  • Expert reports.
  • Claims assessment and claim preparation.
  • Specialist consultant to Department of Housing and Construction :

Assessing Survivability Ratings for over 80 public buildings and structures in Darwin after cyclone “Tracy” including military installations, Darwin airport structures, hospitals, lighthouses and weather stations in remote areas of NT.

1972 –1980

Australia

Stait Constructions P/L and Dalland and Sleeman P/L

Construction Manager and General Manager

  • Construction - water supply, roads, bridges, mining, heavy foundations and subdivisions.
  • Hands-on experience, competent operator of most types of earthmoving machinery and explosives handling.

1970 - 1972

Norway

Ing. Groener AS

Senior Design Engineer / Project Manager Deputy Team Leader Bergen office.

Responsible for :

  • Design
  • Contract documentation
  • Contract administration for roads, water supply and sewerage for “New City Development” (45,000 people).

Concurrently Project Manager for construction of water supply scheme involving concrete buttress dam, high level concrete reservoir and water supply reticulation. 

1968 - 1970

UK

Leonard Fairclough Ltd

Project Manager Design

  • Project Manager Design on major oil refinery extension project and petro-chemical plant for Burmah Oil
    • In charge of Design-and-Construct tenders

1968 – 1970

UK

Leonard Fairclough Ltd

Project Engineer

  • Motorway bridge design and construction including bridge “slides”.
  • In charge of Design-and-Construct tenders. 

1965 –1968

Australia

NSW Department of Public Works

Assistant Resident Engineer

  • Assistant Resident Engineer at Clarence Harbour Works.
  • Quarry operations, concrete plant, breakwater construction, piling operations, wharf construction and dredging operations.
  • Concurrently in charge of Lower Clarence Water Supply scheme which comprised over 200km of water mains, 5 water reservoirs and submerged pipe lines across the Clarence River. 

1965 –1968

Australia

NSW Department of Public Works

Design engineer

  • Sewage treatment and reticulation work.
  • Tender assessments.
  • Harbours and Rivers.

 

 

17. Other relevant information: (e.g. Publications)

  • Conducting 3 day Workshop on Dispute Avoidance and Resolution in Kuala Lumpur October 2010.
  • Article on proposed changes to FIDIC DB provisions, Proposed Training Options for Dispute Board members in Developing Countries  –DRBF 2008 published in DRBF Forum November 2008 issue.
  • Co-author with Graeme Peck of “The Benefits of Dispute Resolution Boards for Issue Management of Medium to Large Construction Projects” – The Arbitrator and Mediator Vol 26 Number 1 September 2007.
  • Eritrea – Engineering and Training Needs 1993 (Dalland report) prepared for University of NSW – This document resulted in a $4 million loan from Ausaid and the establishment of Engineering Faculties at University of Asmara
  • Trincomalee Community Assistance Project – Project Design Document 1995 – (Co-authored with D. Henry of Ausaid).
  • Flood Studies.
  • Floodplain Management Plans and special reports for various organisations, some gazetted :

 

  •  
    •  
      • Catchment Management Plan for The Horsley Park Residential Development Area – Fairfield City Council 1991
      • Clay Cliff Creek Floodplain Management Study 1993 – Parramatta City Council
      • On-Site Detention Handbook for Horsley Park – Fairfield City Council 1994