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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)
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 (2010-2024); 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 of 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 (1979-2018).
Advice on construction engineering including planning, temporary works, methods and equipment selection, cost estimating, contract administration and project management (1979-2018).
- Estimating construction costs for major civil, mechanical and building works for contractors, but also provided construction advice, prepared and reviewed cost estimates 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 for 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's claims including defective work, variations, extensions of time etc as adviser to the Superintendent (2009-2014);
- Auditor of project financial records for assessment of variations and 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 over four hundred reports to the courts on work methods, construction safety and associated issues in relation to construction and industrial accidents (1983 - 2003)
Experience in dispute determination and resolution (1992- 2024):
- Appointed as Arbitrator by parties, ACDC, ADC or IAMA nomination on twenty-six occasions (1992-2015) including one international arbitration (2003-4), one 3-person tribunal (2011-4);
- Appointed by agreement of the parties to undertake an Expert Determination on more than thirty occasions (1992-2021)
- 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 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 Security of Payment legislation: BCISOPA, NSW, twenty-nine determinations (2003-2024), ACT, SA and BIFA, Queensland, twenty-six decisions (2013-2024);
- Appointed as Independent Valuer on more than thirty GC21 Contracts (2003-2021); and
- Appointment as Member of Dispute Board on ten Australian contracts (2006-2025), three as Chairman, two as Sole DB (successfully completed current appointments) (2006-2024)
Assistance with proceedings in litigation, arbitration or alternative dispute processes (1983 - 2024):
- 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.
- Act as Expert Witness in arbitration or litigation, including participation in expert conclaves, joint reports and jointly agreed single expert.
Recent appointments as Expert Witness on construction quantum (2017-2021):
* Provide 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
* Provide quantum evidence in international arbitration on $100 million dispute on costs of variations and termination between principal contractor and supply and erection subcontractor on iron ore loadout terminal in WA
* 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.
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) where lectures given at both 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 the residential Construction/Project Management sessions on Tendering/Risk Assessment, 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 (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; assist chief engineer with temporary works calculations, procurement, management of supply and subcontract works. Specialist tasks included technical input to film of project and media liaison prior to opening.
1970: Costain International, London:
Office Engineer, Prepare 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, comms. 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, 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)
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; assist chief engineer with temporary works calculations, procurement, management of supply and subcontract works. Specialist tasks included technical input to film of project and media liaison prior to opening.
1970: Costain International, London:
Office Engineer, Prepare 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, comms. 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, 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)