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FIDIC Beijing 2005 Report of the risk management forum Stephen Bamforth Chairman FIDIC Risk Management Forum.

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Presentation on theme: "FIDIC Beijing 2005 Report of the risk management forum Stephen Bamforth Chairman FIDIC Risk Management Forum."— Presentation transcript:

1 FIDIC Beijing 2005 Report of the risk management forum Stephen Bamforth Chairman FIDIC Risk Management Forum

2 Synopsis Global Issues Insuring the partnering team Some claims examples Dispute resolution State of the PI Market

3 Global Issues – South Africa Gary Rabie Glenrand MIB

4 South Africa Current contractual state of affairs Various standard forms Lack of Agreement Scheme Claim Trends Site investigation – 8% Gross Negligence – 10% Supervision – 16% Admitted errors – 20% Insufficient Experience – 46%

5 South Africa Scheme Loss Ratios 1997 – 233% 2000 – 139% 2003 – 55% 2004 – 31% 2005 – 11%

6 South Africa Other Developments Occupational Health & Safety Act – Construction Regulations Degree of Uncertainty Trench Collapses & Other Failures Lack of Prosecutions

7 Global Issues - Australia Therese Charles ACEA Proportional Liability Limits of Liability

8 Global Issues - New Zealand Stephen Jenkins ACENZ

9 Global Issues – United Kingdom Nora Fung ACE

10 Insuring the Partnering Team A definition of partnering? Long term alliancing Partnering charters Holistic partnering Conclusion

11 Claims Ewan MacGregor Griffiths & Armour

12 Claims Traditional Procurement Design and Build Partnering Un-insured Risks

13 Traditional Procurement Employer Led Design Calculation Accuracy - 112o681 112,681 112.681 Back to basics Rubbish in, Rubbish out

14 “common sense is not that common”

15 Design and Build Contractor Led Design Quality of PII Contractors profit from building, clients from use Variations

16 Partnering Integrated Team Working Allocating Liability

17 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 3 rd May 2005

18 Final Thought It’s the alternative that creates the liability

19 Dispute Resolution Keith Lonsdale

20 State of the PI Market The cycle continues! New capital, lower prices Will it end in tears?

21 Long Term PI Trends

22 FIDIC Beijing 2005 Report of the risk management forum Stephen Bamforth Chairman FIDIC Risk Management Forum


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