IBA Annual Conference Sydney 2017

8 Oct - 13 Oct 2017

Room C4.11, Convention Centre, Level 4

Session information

David and Goliath: contracting with powerful entities that refuse to negotiate terms and/or impose subcontractors/suppliers – can anything be done?

Thursday 12 October (1430 - 1730)

Room C4.11, Convention Centre, Level 4


International Construction Projects Committee (Lead)


All too often, contract terms and scope are said to be non-negotiable. This may be a reflection of market conditions and unequal bargaining power or a consequence of procurement rules or laws. This session will explore the imposed terms that commonly give rise to difficulties for the supply chain and project. It will consider the extent to which the procuring entity may be able to adopt a more flexible stance, and how it may be persuaded to do so. Where there is no scope for negotiation, difficult decisions will need to be made on whether to bid, how to price the risks imposed and how those risks can be mitigated or passed to others. How are these decisions to be approached?

Session / Workshop Chair(s)

Tony Dymond Debevoise & Plimpton LLP, London, England
Francois Muller Altana, Paris, France


Donald Charrett Expert Determination Chambers, Other City, Victoria, Australia
Jane Davies Evans 3 Verulam Buildings Barristers, London, England; Managing Editor, International Construction Projects Committee
David Kwabena Ofosu-Dorte AB & David, Accra, Ghana
Thomas Weimann Jones Day, Düsseldorf, Germany