Thomson Geer achieved a positive outcome for Department of Planning, Transport & Infrastructure (DPTI) on an expert determination with respect to the Adelaide City Tramline Extension Project. Downer is the contractor and is represented by Pinsent Masons. The Thomson Geer team was Partner, Geoff Brennan, Special Counsel, Shannon Schwarz and Associate, Chloe Robinson.
The expert determination concerned the interpretation of a bespoke clause of the contract entered into by the parties that Downer claimed entitled it to variations and extensions of time if certain specified risks arose without it being required to comply with the contractual machinery which would otherwise apply to these types of claims. Downer has made numerous claims worth in excess of $20 million based on its interpretation of this clause.
The parties engaged Mark Dempsey SC of the Sydney bar as the expert and he delivered an expert determination completely in favour of DPTI. Further the manner in which the expert rejected Downer's arguments means that it is unlikely that Downer will litigate the issue and Downer may not be able to make a material recovery in relation to its claims.