1 JOHN TYRRIL Contact Details: Level 31, RBS Tower, 88 Phillip Street, Sydney Postal Address: P.O. Box 298 Avalon NSW 2107 Australia email: john.tyrril@gmail.com Telephone: +612 9235 2102 Mobile: 0418 865 061 Date of Birth: 30 September 1946 Qualifications: Diploma of Law (BAB); Bachelor of Architecture (Hons) NSWIT; Solicitor and Barrister; Registered Architect No. 4370; Accredited Mediator; Accredited Adjudicator; Grade 1 Arbitrator; Fellow of The Institute of Arbitrators And Fellow of the Hong Kong Institute of Arbitrators Ltd; Associate, Australian Institute of Architects. Present Positions: Principal, John Tyrril + Associates Pty Ltd, Lawyers ABN 86 100 659 256 (An incorporated legal practice under the Legal Practitioners Act 1987 (NSW)); Principal, Construction Publications Pty Ltd (ACN 002 872 488) (publishers of construction law texts, contract administration manuals, the Property Council of Australia s Project Contract and (previously) the Australian Construction Law Newsletter). Previous Positions: Consultant (full time) to Allen Allen & Hemsley, solicitors' Construction and Arbitration Group (1989 to 1994); Legal Director, Australian Federation of Construction Contractors 1979-1989; Principal, John Tyrril + Associates Pty Ltd, construction consultants / architects, 1985-1989; Peter Sarlos + Associates Pty Ltd, Architects; Jack Heggie + Associates Pty Ltd, Architects; John Tyrril + Associates, 1974-1979.
2 Legal Experience: John Tyrril has acted in Australia and Asia for clients (public and private sector), associations, builders, construction managers, consultants, contractors, developers, financiers, institutions, joint ventures, manufacturers, project managers, specialist subcontractors and suppliers regarding building (commercial, institutional and residential) and engineering construction (power stations, bridges, roads, dams, airports, railways, pipelines, tunnels, ports, reclamation, mining, process plants, off-shore facilities, satellites etc) including in relation to the following: (a) analysis and advice; (b) advocacy in dispute processes and before tribunals; (c) contract documentation, including project documentation and negotiation for engineering projects and buildings (including various delivery methods such as design and construct, project management, construction management, etc); preparation of consultancy contracts, novation agreements, cost adjustment agreements, subcontracts, supply contracts, trade contracts, technology licencing agreements; preparation of dispute resolution provisions, including for international commercial contracts; preparation of alternative dispute resolution agreements etc; (d) claims assessment and claims preparation; (e) contract administration; (f) contract formation; (g) dispute resolution, including negotiation, mediation, conciliation, expert appraisal, expert determination, arbitration and litigation; (h) due diligence; (i) government privatisation projects; (j) insolvency; (k) intellectual property; (l) joint venture documentation and relationships, including for international infrastructure projects; (m) liability (common law, contractual and statutory) and risk management; (n) public sector contract strategies; (o) submissions to commissions of inquiry; (p) tender documentation and tender submissions. Architectural Experience: Architectural experience includes institutional buildings, private developments (including clubs, hotels, resorts, retail) and housing.
3 Relevant Memberships: Arbitration Grading: Adjudication: Mediation: The Institute of Arbitrators And Lawyers Engaged in Alternative Dispute Resolution (LEADR); Dispute Resolution Board of Australasia; The Building Disputes Practitioners Society; The Hong Kong Institute of Arbitrators Ltd; Law Society of NSW; Australian Institute of Architects. John Tyrril has been graded by The Institute of Arbitrators And Mediators Australia as a Grade 1 Arbitrator. John Tyrril has been accredited by The Institute of Arbitrators And Mediators Australia as an adjudicator to carry out adjudications under the Building And Construction Industry Security of Payment Act 1999 (NSW). John Tyrril has been accredited as an Experienced Qualified Mediator under the National Mediator Accreditation System. John Tyrril has also been accredited as a mediator by The Australian Commercial Dispute Centre, The Institute of Arbitrators And Mediators Australia, and Lawyers Engaged in Alternative Dispute Resolution (LEADR). Dispute Panels: The Australian Commercial Dispute Centre; New South Wales Supreme Court Common Law Mediation System Mediator; New South Wales Supreme Court Evaluator's Panel; New South Wales District Court Mediators Panel; New South Wales Law Society Mediation Panel; LawCover Panel of Conciliators; LEADR's Advanced Mediators Panel; Transgrid Mediation Panel; NECA (National Electricity Code) Mediators List; The Institute of Arbitrators And International Commercial Disputes Panel Member of the Center for International Commercial Dispute Resolution; Independent Pricing And Regulatory Tribunal of NSW Arbitration Panel; Australian Communications Industry Forum Ltd Independent Complaints Investigator and Member of Independent Appeals Body.
4 Dispute Experience: John Tyrril has acted for parties to disputes and also as an adjudicator, commercial arbitrator, Court appointed referee, expert determiner, mediator, facilitator, conciliator and Dispute Board of Review panel member in major disputes involving contractors, subcontractors, construction managers, D+C contractors, consultants, government construction agencies, institutions, local authorities, private developers, banks, credit unions, insurance companies, IT software developers, manufacturers, mining companies, petroleum explorers and telecommunications companies. Dispute experience has included combinations of mediation and arbitration and mediation and expert appraisal, multi-party disputes and international disputes (involving African, Asian, English, Japanese, New Zealand and Thai companies). Adjudication John Tyrril has acted as adjudicator of disputes over builders, consultants and subcontractors progress payment entitlements on a number of building projects. Commercial Arbitration John Tyrril has acted as arbitrator regarding disputes (to $66m) over: - building projects (including a Pacific island resort); - building maintenance; - design, construction and performance of a gold mining process plant; - design and construction of a power station; - design and construction of an underground gas storage cavern; - a financial institution s obligations; - franchise dispute re a motor vehicle dealership; - IT software development and performance; - manufacturing - quality output of a building products plant in Asia; - mining; - petroleum exploration rights and landowner's compensation; - piling; - road construction; - water reticulation schemes. Court References John Tyrril has acted as referee in Supreme and District Court references regarding disputes over: - buildings several houses and several mass housing schemes; - building services - several disputes regarding electrical, hydraulic and mechanical services;
5 - carpark structure; - design and construction of a regional shopping centre; - earthworks; - formwork; - liability for a pre-inspection report; - lighting tower; - subdivision. Dispute Resolution Boards John Tyrril has acted as a Dispute Resolution Board (DRB) member for several major projects, including chairing the DRB for a recently completed major container Port extension, involving marine and landworks. John Tyrril is currently: chairing the DRB for a suburban rail carriage procurement project; a member of the DRB for a digital radio project for an electric train network. Expert Determination John Tyrril has carried out numerous expert determinations and expert appraisals of a wide range of complex disputes (including quanta in dispute to $40m), regarding: - accident damage rectification; - building construction of offices, shopping centres, townhouses and apartment buildings (including conversions from warehouses and factories); - building services damage caused to a hotel building by defective services; - construction management of a privatised prison; - cost adjustment; - delay, disruption, extensions of time and liquidated damages; - design and construction of a Government office building; - design and construction of a privatised prison; - design and manufacture of rail carriages; - design, manufacture and performance of a long wall coal mining machine; - electronic control and ticketing systems for a light rail project; - marine dredging; - piling works;
6 - property - performance of lessees rectification obligations in relation to an Olympic facility and a shopping centre; - rail rolling stock maintenance facility; - redevelopment of several hospitals; - road and tunnel construction; - roadworks and services; - several sewerage works projects; - water reticulation project. Expert Evidence John Tyrril has given expert evidence in industrial tribunals on wage increases and construction industry cost adjustment. Facilitation Facilitation experience includes contract negotiation, contract re-structuring; partnering workshops, dispute resolution, organisational decision making, the development of strategic objectives, corporate plans, etc. Mediation John Tyrril has acted as a mediator, conciliator and facilitator in hundreds of domestic and international disputes (including quanta in dispute to $110m), covering a wide range of matters and subject areas, including: - architectural and engineering design; - airconditioning services performance - banking and finance; - broadcasting repair and maintenance of radio and TV broadcasting facilities; - building disputes (domestic, commercial, Defence, Government, shopping malls, etc), including re tender documents; design and documentation; breaches of contract; latent site conditions; delay and disruption, programming, EOTs, and liquidated damages; defects; performance of D+C and CM contractors; variations; valuation and payment; wrongful termination; - building inspection reports; - calamities, such as - crane collapse; neighbouring building collapse into excavation; damage to buildings caused by adjacent excavation and construction; damage to buildings caused by tunnel construction and associated dewatering; landslip; buildings constructed on the wrong land; structural defects and failures; damage from failed services; - consultants claims and performance;
7 - copyright; - employment and industrial relations; - enforcement of guarantees; - engineering construction, eg bridges; earthworks; grain silos; pipelines; power stations; rail; roads; steel fabrication; stormwater drainage schemes; sewerage projects; subdivisions, tunnels; water supply schemes; - garbage collection and disposal; - general commercial matters; - international franchise agreements; - lift maintenance; - Local Government disputes re development applications; - manufacturing; - marine engineering, including off-shore oil platform; dredging; reclamation; piling; - mining disputes, including underground construction; performance of longwall mining machines and other mining equipment; performance of D+C process plants and smelters; - mobile phone infrastructure and roll-out projects; - mortgage foreclosure; - professional negligence solicitors, engineers, architects; - property and leasehold disputes; - property damage caused by road and tunnel construction; - repair and maintenance contracts; - technology licensing agreements; - telecommunications; - Trade Practices and Fair Trading allegations of misleading and deceptive conduct; - transport and shipping. Probity: John Tyrril has acted as a probity auditor since 2000 for both Government and private bid consortia in several Australian States with respect to the tender processes for a number of major PPP road, tunnel and busway infrastructure projects, including: Cross City Tunnel, Sydney; Western Sydney Orbital; Lane Cove Tunnel; North-South Bypass Tunnel, Brisbane; Brisbane Airport Link and Northern Busway; Northern Link, Brisbane.
8 John Tyrril has also acted as a probity advisor in relation to a PPP hospital project and regarding competitive tendering probity issues arising from a publicly listed company s takeover of a competing company. On a number of occasions, John Tyrril has provided independent probity certification for public sector settlement of construction claims and disputes. In 2010, John Tyrril successfully undertook The Institute of Arbitrators And Mediators Australia s probity accreditation course. Dispute Resolution Training: 1987 - The Institute of Arbitrators And Mediators Australia's Commercial Arbitration Courses; 1987 - The Australian Commercial Disputes Centre's Mediation Training Course; 1990 - Harvard University's Negotiation and Mediation courses, Cambridge, USA.; 1991 - New South Wales Law Society's Settlement Week 1991 Refresher Course; 1992 - New South Wales Law Society's Settlement Week 1992 Refresher Course; 1993 - The Australian Commercial Disputes Centre's Advanced Commercial Mediation Skills Training course; - The Asia Pacific Center for the Resolution of International Business Disputes' International Arbitrator Training; - The Center for International Commercial Dispute Resolution, Hawaii's Resolving International Business Disputes: A Business Perspective on Negotiations, Conciliation and Arbitration in the Asia - Pacific Region; 1994 - The Australian Commercial Disputes Centre's Advanced Commercial Mediation Skills Training course; - International Commercial Arbitration Course, Cambridge University, England; 1995 - New South Wales Law Society's Advanced Mediation Course; - Master Class, Commercial Arbitration, The Institute of Arbitrators And 1996 - New South Wales Law Society's Early Neutral Evaluation Course; 1997 - Master Class, Commercial Arbitration, The Institute of Arbitrators And 1998 - Expert Determination Training Course, The Institute of Arbitrators And 1999 - Master Class, Commercial Arbitration, The Institute of Arbitrators And 2000 - Master Class For Mediators, The Institute of Arbitrators And Mediators Australia; 2001 - Master Class, Commercial Arbitration, The Institute of Arbitrators And 2003 - Master Class, Commercial Arbitration, The Institute of Arbitrators And
9 2003 - Master Class Commercial Mediators, The Institute of Arbitrators And 2004 - Adjudication Accreditation Course for Senior Practitioners, The Institute of Arbitrators And 2006 - Master Class, Commercial Arbitration, The Institute of Arbitrators And 2008 - Dispute Resolution Boards In Practice Workshop, Dispute Resolution Board Australasia; 2008 - Adjudicators Master Class, The Institute of Arbitrators And Mediators Australia; 2009 - Master Class For Grade 1 Commercial Arbitrators, The Institute of Arbitrators And 2009 - Dispute Resolution Board Australasia s Dispute Resolution Boards In Practice Workshop; 2010 - Dispute Resolution Board Australasia s Dispute Resolution Boards Lessons Learned Workshop; 2010 - Commercial Arbitration Act 2010 (NSW), Bridging Course Master Class, The Institute of Arbitrators And 2010 - Probity Services Accreditation Course, The Institute of Arbitrators And 2012 DRBA and DRBF Dispute Resolution Board Workshop; 2012 DRBA Advanced Dispute Resolution Board Workshop. John Tyrril has lectured in Australia and in the United States on arbitration, mediation and other dispute resolution techniques, and at arbitration, conciliation and mediation training courses conducted by The Institute of Arbitrators And Mediators Australia, the Australian Commercial Disputes Centre and the University of Technology, Sydney. Relevant Editor, The Australian Construction Law Newsletter (1989 1999); Publications: Editorial Consultant, the Law Book Company's Australian Dispute Resolution Journal (- 2002); Legal Editor, the Architecture Show Magazine; Editor, Building and Construction Legal Reporting Service (now ceased publication); Contributing Editor, Construction Publication Pty Ltd's Contract Administration Manuals for General Conditions of Contract AS2124-1986 and Subcontract Conditions AS2545-1987; "Conciliation and Mediation of International Disputes - The Lawyer's Role", paper presented at the Society of Professional In Dispute Resolution's (SPIDR) 19th Annual International Conference, San Diego, 1991 and
10 published in the International Construction Law Journal and the Australian Construction Law Newsletter; Various articles on dispute resolution published in the Australian Construction Law Newsletter, The Arbitrator and the Australian Dispute Resolution Journal (including "Trade Practices for Arbitrators"; "Construction Industry Dispute Resolution"; "Practical Commercial Mediation"; "Facilitation"; "The Dark Side of Partnering"); Numerous articles and case reports on construction and related issues in Building and Construction Law and the Australian Construction Law Newsletter. Committee AFCC's National Contracts Committee; Service: The Australian Commercial Disputes Centre's Advisory Committee; The Building and Construction Council of New South Wales Cost Adjustment Committee; The Property Council of Australia's (formerly Building Owners and Managers Association of Australia Ltd) National Contracts Committee; The Construction Industry Development Agency's Contractual Relationships Action Team; The Dispute Resolution Council of Australia; The Institute of Arbitrators And Mediators Australia - National Councillor and Committee Member, NSW Chapter; The Institute of Arbitrators And Mediators Australia's National Council Arbitration Users' Group; The Institute of Arbitrators And Mediators Australia's NSW Chapter Practice Committee; The Institute of Arbitrators And Mediators Australia's ADR Committee; The National Building and Construction Council's Contracts Committee (Convenor for several years); The National Public Works Conference/National Building and Construction Council's Liability Committee; The National Public Works Conference/National Building and Construction Council's Joint Working Party on construction contracts, claims and disputes; Standards Australia s Construction Contracts Committee. Served on The Australian Commercial Disputes Centre's Conciliation Rules; the committees The Institute of Arbitrators And Mediators Australia's Conciliation Rules which prepared: (initiated project); The Institution of Engineers' Guidelines on the Provision of Geotechnical Information for Construction Contracts (chaired contractual subcommittee); National Cost Adjustment Provision, Second Edition (initiated project and responsible for much of its development);
11 SA General Conditions of Contract AS2124-1981 and AS2124-1986; SA Subcontract conditions AS2545-1982 and AS2545-1987; The 1988 construction industry report "Strategies For The Reduction of Claims and Disputes in the Construction Industry: A Research Report" (convened and organised this world-wide research project); The National Public Works Conference and National Building and Construction Council's Tender Code (initiated project); The National Public Works Conference and National Building and Construction Council's Joint Working Party's 1990 report "No Dispute: Strategies for Improvement in the Australian Building and Construction Industry"; The Property Council of Australia's Project Contract PC-1 1998 and Project Subcontract PSC-1 1998. November 2012