FIDIC Adjudicator Details

International Client Manager

Barry  Tozer

  Country of residence: Australia

  Citizenship: Australian

  www.barryatozer.com

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Countries with experience

Other countries with experience:

Global regions

  • Pacific

Languages spoken

  • English

Construction contract experience

  • Construction Contract, MDB Harmonised Ed, June 2010

Consultancy contract experience

  • Not applicable - none of the above

Specialist contract experience

  • Not applicable - none of the above

CV - Services offered

  • Arbitration
  • Adjudication
  • Mediation
  • Conciliation
  • Facilitator
  • Technical expert
  • Contract Expert/specialist
  • Independent expert
  • Expert witness

Technical expertise

  • Airports - air-side
  • Airports - terminals and support
  • Airports - other
  • Building - domestic
  • Building - commercial
  • Building services - Heating/Ventilation/Air Conditioning
  • Building services - lighting/electrical
  • Building services - water
  • Building services - other
  • Civil Engineering - Foundations and Subsidence/Settlement
  • Civil Engineering - Land Drainage & Dewatering
  • Civil Engineering - River & Flood Control
  • Civil Engineering - Tunnelling and piling
  • Civil Engineering - Retaining Walls
  • Civil Engineering - Dams and reservoirs
  • Civil Engineering - other
  • Coastal engineering
  • Construction law
  • Cost engineering (QS)
  • Electrical and Mechanical Engineering
  • Environmental issues
  • Geotechnics and foundations
  • Energy & Power - Hydro Systems
  • Energy & Power - Wind Wave & Tidal Systems
  • Energy & Power - Natural gas and LNG Facilities
  • Infrastructure, Railways, Bridges
  • Marine and ports
  • Metro railway and stations
  • Road and highways - bridges and car parks
  • Road and highways - other
  • Rail - Signalling and Communications
  • Rail - Track Engineering and Construction
  • Rail - other
  • Rock Anchors & grouting Tunnels and Shafts
  • Telecommunications
  • Waste Disposal - Solid Waste Management
  • Wast
  • Claims and variations

  • Extension of time
  • Project scheduling
  • Defects
  • Construction accidents
  • Technical issues

Short summary experiences

·Appointment as Member of Dispute Board on ten contracts (2006-2021) in Australia, three as Chairman, one as Sole DB; three overseas appointments as sole DAB in Papua New Guinea and Kiribati (2014-2021);_x000D_Recent appointments as Expert Witness on construction quantum (2017-2021) including_x000D_•Provide quantum evidence in international arbitration on estimated costs of design, supply and installation of LNG jetty structure in WA in a dispute between consortium members. $600 million dispute._x000D_•Provide quantum evidence in international arbitration on costs of variations and termination between principal contractor and supply and erection subcontractor on iron ore terminal infrastructure in WA. $100 million dispute._x000D_•Provide quantum evidence in expert determination proceedings regarding delay and disruption costs on coal mine site infrastructure development in Queensland between mine owner and contractor. $5 million dispute._x000D_·Appointed by agreement of the parties to undertake an Expert Determination on more than thirty occasions (1992-2021);_x000D_·Appointed as Arbitrator by parties, ACDC, ADC or IAMA nomination on twenty-six occasions (1992-2019) including one international arbitration (2005), one three-person tribunal (2011-4);_x000D_·Appointed as NSW District Court Referee on six occasions (1995-2008);_x000D_·Appointed as NSW Supreme Court Referee on nine occasions (2002-2015);_x000D_·Appointed as Victorian Supreme Court Assessor and Special Referee (2016-7)_x000D_·Nominated as an Adjudicator under Security of Payment legislation: BCISOPA, NSW, twenty-eight determinations (2003-2018), ACT and BCIPA, BIF Act, Queensland, twenty-seven decisions (2013-2021);_x000D_·Appointed as Independent Valuer on more than thirty-eight GC21 Contracts (2003¬2021); _x000D_. Appointed as Facilitator on several occasions to conduct engineering conclaves and facilitate the production of joint expert reports for litigation or arbitration. Acted a

Position and experience

Acredited mediator: No
Acredited arbitrator: Yes

Employment status:
Present position: Consulting Construction Engineer
Previous positions: Cost engineer and estimator, Project engineer, Site engineer, Part-time lecturer , Probity advisor

Experience

  • Dispute Board member and chairman
  • Expert witness on construction cost and schedules
  • Expert determiner
  • Arbitrator
  • Adjudicator
  • Facilitator
  • Mediator
  • Lecturer and trainer

Affiliations/Memberships

  • Fellow
  • Institution of Engineers
  • Australia
  • Life Member
  • Institution of Civil Engineers (London)
  • Life Member
  • American Society of Civil Engineers (New York)
  • Member
  • AACE International
  • Fellow
  • Resolution Institute
  • Australia
  • Fellow
  • Chartered Institute of Arbitrators
  • DB Leader
  • Dispute Resolution Board Foundation (Region 3)

Qualifications, jurisdiction and discipline

  • Master of Engineering (Adelaide)
  • Master of Construction Law (Melbourne)
  • Diploma in International Commercial Arbitration (UNSW)
  • Registered Adjudicator
  • Queensland
  • FIDIC Certified Adjudicator