fidic beijing 2005 report of the risk management forum stephen bamforth chairman fidic risk...
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FIDICBeijing 2005
Report of the risk management forum
Stephen BamforthChairman FIDIC Risk Management Forum
Synopsis
• Global Issues
• Insuring the partnering team
• Some claims examples
• Dispute resolution
• State of the PI Market
Global Issues– South Africa
Gary RabieGlenrand MIB
South Africa
• Current contractual state of affairsVarious standard forms
Lack of Agreement
• Scheme Claim TrendsSite investigation – 8%
Gross Negligence – 10%
Supervision – 16%
Admitted errors – 20%
Insufficient Experience – 46%
South Africa
• Scheme Loss Ratios1997 – 233%
2000 – 139%
2003 – 55%
2004 – 31%
2005 – 11%
South Africa
• Other DevelopmentsOccupational Health & Safety Act – Construction
Regulations
Degree of Uncertainty
Trench Collapses & Other Failures
Lack of Prosecutions
Global Issues- Australia
Therese CharlesACEA
Proportional Liability
Limits of Liability
Global Issues- New Zealand
Stephen JenkinsACENZ
Global Issues– United Kingdom
Nora FungACE
Insuring the Partnering Team
• A definition of partnering?
• Long term alliancing
• Partnering charters
• Holistic partnering
• Conclusion
Claims
Ewan MacGregorGriffiths & Armour
Claims
Traditional Procurement
Design and Build
Partnering
Un-insured Risks
Traditional Procurement
Employer Led Design
• Calculation Accuracy -
112o681112,681112.681
• Back to basicsRubbish in, Rubbish out
“common sense is not that common”
Design and Build
Contractor Led Design
• Quality of PII
• Contractors profit from building, clients from use
• Variations
Partnering
• Integrated Team Working
• Allocating Liability
Uninsured Risks
“What is most at risk is a firm’s reputation – and there is no way that you can insure
against that” The Times 3rd May 2005
Final Thought
It’s the alternative that creates the liability
Dispute Resolution
Keith Lonsdale
State of the PI Market
• The cycle continues!
• New capital, lower prices
• Will it end in tears?
Long Term PI Trends
FIDICBeijing 2005
Report of the risk management forum
Stephen BamforthChairman FIDIC Risk Management Forum