CV for Barry Tozer

Barry A Tozer

Consulting Construction Engineer, Chartered Engineer, Chartered Arbitrator, FIDIC Certified Adjudicator, Dispute Board Member/Chair, Expert Determiner, Facilitator and Mediator.
Qualifications
  • Bachelor of Engineering (Hons) 1965
  • Master of Engineering , 1968 (Adelaide)
  • Diploma in International Commercial Arbitration (2007)
  • Master of Construction Law (Melbourne) 2008
  • Certificate of National Accreditation
  • Experience Qualified Mediator, (2009 - 2015)
  • Registered Adjudicator, Qld (to 2024)
  • FIDIC Certified Adjudicator (2021)
Affiliations
  • Fellow, The Institution of Engineers, Australia (transfer to Member 1969, Member College of Civil Engineers 1988, transfer to Fellow 1993), NER since inception in 1994, APEC Engineer, Int PE (Aus)
  • Life Member, The Institution of Civil Engineers, London (admitted 1970)
  • Life Member, American Society of Civil Engineers (since 1976)
  • Member, AACE International (1980)
  • Fellow, The Institute of Arbitrators & Mediators, Australia (admitted 1987, Grade 1 Arbitrator 2002, Accredited Adjudicator NSW 2003, ACT 2011, SA 2012, Registered in Queensland 2012)
  • Accredited Mediator (2008)
  • Accredited Probity Services Provider (2011)
  • Member, Dispute Resolution Board Foundation (2003)
  • Member, Dispute Resolution Board Australasia (2005)
  • DRBF Region 3 (2010–2026)
  • Fellow, Chartered Institute of Arbitrators, UK (2008), Chartered Arbitrator (2015), FIDIC Certified Adjudicator (2021–2027)
Committees
  • Project Managers Forum, Sydney Chapter Committee (1981–83)
  • Concrete Institute of Australia, NSW Committee (1981–83)
  • AFCC, Conditions of Contract Subcommittee, NSW (1982–87)
  • ASCE, Estimating & Cost Control Technical Committee (1985–87)
  • Convenor, Construction Panel, Sydney Div., IEAust (1989–2002)
  • Member, National Committee on Construction Engineering, IEAust (1990–2004)
  • Chairman, National Committee on Construction Engineering, IEAust (2000–2002)
  • ACAA Judging Panel 2006; IAMA NSW Chapter Committee (2010–2012)
  • DRBF Region 3, Executive Committee, Treasurer (2014–2026)
  • Chairman, Board of Directors, Hengrove Hall Pty Ltd (2010–2018)

Professional Experience (1979–present)

Principal, Tozer & Associates Pty Limited, Consulting Construction Engineers
Advice on construction engineering, including planning, temporary works, methods and equipment selection, cost estimating, contract administration and project management (1979–2021).
  • Estimating construction costs for major civil, mechanical, and building works for contractors; construction advice, cost estimate preparation and review for consulting engineers, quantity surveyors, developers, manufacturing and mining companies and public authorities (1979–2010).
  • Construction scheduling — Sydney Entertainment Centre (1979); CPM tender programmes (1979–2005).
  • Independent reviewer of construction cost estimates for contractors, principals or financiers on major PPP infrastructure projects (1990–2009).
  • Contract administration, including review of contract documentation, advice on tender schedules and evaluation methodology (1985–2013).
  • Assessment of contractor claims, including defective work, variations and extensions of time, as adviser to the Superintendent (2009–2014).
  • Auditor of project financial records for assessment of variations, disruption, or delay claims (1983–2009).
  • Independent member on public sector tender evaluation panels for major procurement contracts (1994–2005).
  • Independent probity advisor on procurement (1998–2021).
  • Construction industry expert providing advice to parties and preparing over 400 reports for the courts on work methods, construction safety, and associated issues related to construction and industrial accidents (1983–2003).
Experience in Dispute Determination and Resolution (1992–2025)
  • Appointed as Arbitrator by parties, ACDC, ADC or IAMA nomination on twenty-six occasions (1992–2015), including one international arbitration (2003–4) and one 3-person tribunal (2011–4).
  • Appointed by agreement of the parties to undertake an Expert Determination on more than thirty occasions (1992–2025).
  • Appointed as NSW District Court Referee on six occasions (1995–2008).
  • Appointed as Mediator (by parties or ACDC list) on over thirty occasions to assist in the resolution of construction-related disputes (1992–2020).
  • Appointed as NSW Supreme Court Referee on thirteen occasions (2002–2018).
  • Appointed as Victorian Supreme Court Assessor and Special Referee (2016–7).
  • Nominated as an Adjudicator under the Security of Payment legislation: BCISOPA NSW, over thirty determinations (2003–2025); ACT, SA and BIFA Queensland, twenty-nine decisions (2013–2025).
  • Appointed as Independent Valuer on more than thirty GC21 Contracts (2003–2021).
  • Appointed as Member of Dispute Board on ten Australian contracts (2006–2025), three as Chairman, two as Sole DB (completed current appointments).
Assistance With Proceedings in Litigation, Arbitration or Alternative Dispute Processes (1983–2025)
  • Advice to parties on construction methods, production, programmes and costs.
  • Preparation and review of construction claim documentation.
  • Preparation of expert reports on both liability and quantum for arbitration, mediation or litigation in more than one hundred construction, mining or related goods and services matters.
  • Acted as Expert Witness in arbitration or litigation, including participation in expert conclaves, joint reports and a jointly agreed single expert.
Recent Appointments as Expert Witness on Construction Quantum (2017–2025)
  • Provided quantum evidence in international arbitration on estimated costs of design, supply and installation of LNG Jetty structure in WA, in a $600 million dispute between consortium members.
  • Provided quantum evidence in international arbitration on a $100 million dispute regarding costs of variations and termination between principal contractor and supply and erection subcontractor on an iron ore load-out terminal in WA.
  • Provided quantum evidence in expert determination proceedings regarding delay and disruption costs on coal mine site infrastructure development in Queensland between the mine owner and contractor; $5 million dispute.
Part-Time Appointments as Lecturer
  • Sydney Institute of Technology [now UTS] (1981–82), The University of Sydney (1983–1993) and The University of NSW (1984–1994), lecturing at undergraduate and post-graduate levels in Construction Engineering, Planning, Equipment and Methods, Contract Administration, Contract Law, Cost Estimating and Cost Control, Financial Management, Engineering Economics and Work Study.
  • UNSW Institute of Administration courses (1983–1987), including residential Construction/Project Management sessions on Tendering/Risk Assessment, and Construction Supervisors on Cost Control, Quantitative Techniques and Inventory Management.
Training Provider to Industry
  • Construction Supervisors Course (AFCC, 1983)
  • Contract Administration (Clough, 1992–3)
  • Tender Evaluation Accreditation Course, Water Board (1993–5)
  • Tender Evaluation Courses and Workshops for Department of Defence, Asset Services (1994), State Rail Authority (1995), Loy Yang Power (1997), ACT Purchasing (1997), Sydney Catchment Authority, Sydney Water Corporation (1996–2006)
  • Contract Administration Course, State Rail Authority (2000)
  • Tender Administration & Evaluation Workshops, Forests NSW (2003, 2006–2007); Expert Determination Courses, IAMA and RI (2011–2016)
  • Adjudication Accreditation Courses, IAMA (2011–2012)
  • IAMA Probity in Procurement Course (2012)
  • Dispute Board Advanced Workshop (2011, 2015, 2017–2021, 2024)
  • Expert Witness Course, IAMA (2013–5).
  • Specialist presenter for CPLI and other commercial training providers (1988–2005). Presenter, DRBF Region 3, Advanced Training Workshops, Breakfast briefings (2012–2024).

Previous Employment

1973–1979: John Holland (Constructions) Pty Limited
Chief Estimator, NSW Branch — responsible for preparation of all tenders for civil, building and mechanical contracts ($500 million per annum) and management of 10 office staff (1975–1979); project planning, Eraring Intake Canal, Dora Creek (1979). Project Engineer, Hay Point No.2 Wharf, Caissons project, Queensland — responsible for site planning, temporary works design, subcontract management, supervision of engineering field and office staff, cost control, claims, estimating and procurement (1973–1975).
1972–1973: Barclay Bros Pty Limited, Brisbane
Site Manager — construction programming, Alice Springs Hospital, NT; site concrete works, Saraji Coal Mine, Central Queensland.
1970–1972: TransHarbour Constructors, HK Cross-Harbour Tunnel
Planning Engineer — responsible for planning utilisation of site resources on major submerged tube tunnel construction; assisted chief engineer with temporary works calculations, procurement, and management of supply and subcontract works. Specialist tasks included technical input to a film of the project and media liaison before opening.
1970: Costain International, London
Office Engineer — prepared technical reports for feasibility studies, tender submissions, concrete research and innovative construction methods.
1969–1970: Sir Robert McAlpine & Sons, UK
Section Engineer, Hinkley Point Power Station site — responsible for temporary works, programming, supervision of surveying staff and draftsmen.
1968–1969: Snowy Mountains Authority, Cooma, NSW
Design Engineer — projects included Woolloomooloo Viaduct, Eastern Suburbs Railway, Sydney; Fairbairn Dam, Qld spillway bridge; Tumut 3 Power Station design review; communications tower modifications, Cabramurra, NSW.
1966–1968: John Holland Constructions Pty Limited
Site Engineer — responsible for temporary works design, surveying, site planning, supervision of labour, procurement of materials, contract administration and liaison with Resident Engineer(s). Projects included Morphett Street & Victoria Bridges, Adelaide (1966–67); seawater pipeline, Power Station 'B' extensions and Tug Slipway, Dampier, WA (1967–68).

Book an Appointment with Barry Tozer

Barry Tozer is available for appointment as arbitrator, adjudicator, mediator, expert determiner, dispute board member, or expert witness. Tozer & Associates Pty Ltd offers competitive rates and is ready to assist across a wide range of construction and engineering disputes—in Australia and internationally.
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