Jonathan Smith

Profile

Name: Jonathan Smith

Title: Mr

State: Queensland

Country: Australia

Role: Arbitrator

Postnominals: B.App.Sc (QIT) B.Bus (Griff) P.Cert Arb (Adel), Cert. Adj (Qld, ACT, VIC, NSW, WA & SA) Reg Adj (Qld) (NT) (WA) FIAMA FRI

Practice areas: Construction, Commercial General

Other practice areas: In recent years Jonathan has spent much time in the Pacific engaged by the World Bank and Asian Development Bank in closing out problematic aid funded infrastructure projects under FIDIC contracts. Thus he is actively engaged in the Dispute Board processes under those contracts and as a result is on the World Bank list of arbitrators in the Pacific.

Indicative daily rate (excl GST): $2000 - $2500

Languages spoken: English

Qualifications, Specialisations and Industry Qualifications

  • Bachelor of Applied Science (QIT) 1983
  • Bachelor of Business (Griffith U) 1996
  • Post-Graduate Professional Certificate in Arbitration (U Adelaide) 2005
  • Certificate in Probity Services (Procurement) (IAMA) 2010
  • Graded Arbitrator 2006
  • Certificate in Adjudication Qld 2004, SA 2013, NSW 2015, ACT 2016, VIC 2017, WA 2017
  • Registered Adjudicator under the Building Industry Fairness Act (Qld) 2017
  • Registered Adjudicator under the Construction Contracts Act (NT) 2004
  • Registered Adjudicator under the Construction Contracts Act (WA) 2004
  • Qualified Adjudicator under the Building & Construction Industry Security of Payment Act (SA) 2009, (NSW) 1999, (ACT) 2009 & (VIC) 2002

Biography

Jonathan is a Principal of Flagstaff Consulting Group Pty Ltd, which has delivered high value added services to the Infrastructure Industry for 25 years. He has 40 years’ experience in Procurement, Business and Local Government Administration, Engineering, Surveying, Civil Construction and Mining and associated activities.

He has been involved in procurement activities across a broad range of products and services mostly to service the building, construction and mining industries. These activities include everything from the procurement of developments, fleets both vehicles and construction / mining equipment, including bespoke vehicles, camp facilities, construction of buildings and infrastructure, mining processing facilities and port facilities and equipment.

He works across the whole of the procurement cycle with experience in managing procurement activities across market capacity assessment, scope development, tender processes, probity advice and audit, in contract and specification development, redesign, implementation and administration; and in arbitrating and adjudicating sale of business, building, procurement, construction and mining contract disputes.

He reports to government and owners on the commerciality of, and probity issues on proposed procurement activities and contract arrangements and on compliance and commercial outcomes of completed contracts, on project and contract controls, project management, supervision and estimating of works and in local government administration particularly in procurement of building and construction equipment, projects, goods and services.

Much of Jonathan’s consulting work is in the area of investigating, redesigning and scoping existing contracts so that they reflect the bargain that the two party’s entered into, or want to move toward, so that they are administrable whilst not breaching probity guidelines and in the development of standard contract suites for Principals, Principal Contractors and Consulting firms.

As a consultant Jonathan practices in bid, procurement and risk reviews, commercial and contractual advice, implementation of bespoke contract administration systems, project management of procurement activities, claims advice including cost control on existing contracts, contract development, probity advice and audit, claims preparation and responses, adjudication applications and responses and in the arbitration of commercial contract disputes.

He acts as Principal's representative and as Superintendent on large infrastructure projects.

He is an active Senior Adjudicator under security of payments legislation in Queensland, NSW, Victoria, the Northern Territory, the Australian Capital Territory, Western Australia and South Australia. He has produced over 150 decisions on claims up to $20M and has been upheld in the Supreme Court in Queensland. He was made a Fellow of the Institute of Arbitrators and Mediators Australia on the basis of his knowledge in building and construction disputes. As a result he is engaged to prepare and respond to claims under the tight timeframes of those regimes.

He has been a practicing Arbitrator and Expert Determiner since 2005, deciding disputes on commercial contracts on a broad range of topics including sale of business, construction defects and in scoping disputes on subjects as broad as high-rise construction to fit-out for child care facilities to large scale resort swimming pool restoration.

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