Ground Engineering and the Law

Nicolas Gallina

Nick will follow up the presentation he delivered last year. He will discuss new topics such as negligence claims and the use of dispute resolution boards to resolve large engineering disputes, as well as revisiting, in light of recent case law, some of the topics he covered last year, such as expert evidence and proportionate liability. He will also present some examples of without prejudice communications to help you better understand when this privilege applies and when it doesn’t.

• Expert Witness – When might courts refuse to admit an expert’s report? Dura (Aust) Constructions v Hue Boutique Living [2012] VSC 99
• Latent conditions – Who should take the risk for ground related risk?
• Proportionate liability – Who can be a ‘concurrent wrongdoer’? Utility Services Corporation v SPI Electricity [2012] VSCA 158
• Dispute Resolution – Advantages and disadvantages of court litigation, arbitration, mediation, negotiation.
• Dispute Resolution Boards
• Negligence claims
• Without prejudice communications – how can they help you?

Speaker Biography

Nicolas Gallina is a construction lawyer with litigation and dispute resolution experience. Before joining Allens in 2007, he was a principal engineer, project manager and project director with AECOM. He has acted for private and government clients in the mining, energy generation, heavy rail and large retail sectors on a range of disputes and advises on strategies to minimise disputes in complex construction engineering projects, expert evidence, calls on securities, contract administration and the mediation and negotiation of construction disputes.

Engineers Australia members participating in AGS technical sessions can record attendance on their personal CPD logs. Members should refer to Engineers Australia CPD policy for details on CPD types, requirements and auditing guidelines.