The valuation of off-site overheads is a common cause of dispute when a project is delayed. Gain guidance in calculating and substantiating claims for off-site overheads. Receive guidance on case law and valuation methods. Examine practical guidance on aligning contract drafting with enforceable claims.
Description
Attend and earn 1 CPD unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Professional Skills
1.15pm to 2.15pm Valuing Off-Site Overheads in Construction Disputes
- Legal basis for off-site overhead claims under Australian law
- Comparative analysis of valuation methods
- Causation and entitlement challenges in delay claims
- Drafting contract clauses to support enforceable claims
- Role of expert QS reports in disputes and joint conclaves
- Insights from international arbitration and litigation practice
Presented by Christopher Rowden, Principal, CDI Lawyers; Queensland Editor, Building and Construction Law Journal and Graham Topp, GTQ Expert Services; Certified quantity surveyor; Fellow of the Royal Institution of Chartered Surveyors; Fellow of the Australian Institute of Quantity Surveyors
Presenters
Christopher Rowden, Principal, CDI Lawyers
Christopher’s practice spans front-end, project delivery, and back-end disputes. He has extensive experience in all forms of commercial dispute resolution, with particular expertise in large-scale adjudication, arbitration, and court litigation. He recently acted for a major Japanese contractor in international arbitration (seated in Singapore) and adjudication disputes related to the $50 billion Ichthys LNG project in Darwin, as well as successfully defending a prosecution by the NT Work Health Authority concerning a fatality on the project. Christopher is involved in complex multi-party proceedings in the Supreme Court of Queensland with AUD 500 million in dispute arising from the Gateway Motorway project. He advised on on-shore portions of the world-first Hydrogen Energy Supply Chain Project in Victoria, which demonstrated the viability of producing hydrogen from brown coal, liquefying it, and transporting it to Japan via the specially designed carrier, the Suiso Frontier. Christopher has been involved in adjudication disputes across Queensland, New South Wales, Victoria, the Australian Capital Territory, Western Australia, the Northern Territory, and Tasmania. He acted for a joint venture of Monadelphous Engineering and Muhibbah (Malaysia) in recovering over $200 million in one of Australia’s largest adjudication disputes concerning the Wiggins Island Coal Export Terminal in Gladstone. The Wiggins Island dispute also involved Supreme Court proceedings concerning claims and counterclaims exceeding $400 million, along with urgent and interlocutory relief applications, including disputes over $40 million in security. Christopher has been recognised as a leading Queensland construction and infrastructure lawyer from 2018 to 2024. He is the Queensland Editor of the Building and Construction Law Journal and an external author for LexisNexis.
Graham Topp, Director, GTQ Expert Services
Graham Topp is Director of GT Quantum and a registered expert witness, certified quantity surveyor, and Fellow of both the Royal Institution of Chartered Surveyors and the Australian Institute of Quantity Surveyors. He specialises in the preparation, analysis, and submission of expert reports on quantum, delay, and disruption claims in construction and engineering disputes. Graham is regularly engaged in domestic and international arbitration, federal and supreme court litigation, adjudication, and expert determinations. Graham has extensive experience across sectors including rail, metro, power, oil and gas, infrastructure, commercial, residential, and civil projects. His work covers both standard and bespoke main contracts and subcontracts. He is highly regarded for his forensic analysis, management of process and procedure, and ability to explain complex quantity surveying issues clearly and practically. Graham has prepared joint reports in conclave and provided expert evidence in arbitration and court settings. His geographical experience includes Australia, New Zealand, the United Kingdom, Asia, the Middle East, and Africa. Recognised by Who’s Who Legal for his robust advice and excellent presentation as an expert witness, Graham is praised for his professionalism, technical expertise, and adaptability in contentious matters.