International Construction Law Review
TUNNELLING CONTRACTS—BORING THROUGH THE RISKS IN AUSTRALIA
ANDREW CHEW
Partner, Corrs Chambers Westgarth, Australia
1. INTRODUCTION
There are a number of tunnelling related projects that have been completed in Australia ranging from major road tunnel projects, such as the Clem 7, Airport Link and Legacy Way in Brisbane and the Cross City and Lane Cove Tunnels in Sydney, to major intake and off-take tunnels for desalination plants in Sydney, Adelaide and Melbourne and power supply cable connection tunnels in Sydney.
Several projects are also under way in tender or planning stages, including the North-West Rail Link tunnel and the “missing” road tunnel projects (the M4 East, M5 East and M2–F3) in Sydney, the East-West Link and Melbourne Metro projects in Melbourne and the Cross-River Rail project in Brisbane.1 In addition, a number of mining companies are investing in major underground projects using shaft and tunnel technologies.2
Tunnelling is not an exact science. It is a higher risk engineering project requiring advanced technology to deal with a range of challenging engineering and safe work issues. It is dependent on the geology (with its unique combination of soil and rock conditions, fault zones and permeability of the ground), the groundwater conditions (whether there is ground-water leakage and high pressure inflow), the type of tunnelling equipment (e.g., TBMs versus shielded machines) and method used (e.g., serial tunnelling versus continuous tunnelling), the size and diameter of the tunnels, etc.3
Most contractors generally provide for work contingencies for tunnelling work (in some cases, 8–12% of the estimated overall costs) and insurers also seek higher risk premiums for tunnelling projects.
This type of higher risk project requires an integrated approach towards risk management. Owners and contractors must understand and appreciate
1 https://www.nics.gov.au/Home/PriorityProjects; http://northwestrail.com.au/ last accessed: 10 September 2012.
2 See Rio Tinto Mine of the Future program: http://www.riotinto.com/ourapproach/17203_mine_of_the_future.asp last accessed: 10 September 2012.
3 T G Carter, “Himalayan Ground Conditions challenge innovation for successful TBM Tunnelling”, http://www.tunneltalk.com/images/TBM-arrival/Carter-2011-TBM-Challenges-in-the-Himalayas.pdf last accessed: 10 September 2012.
Pt 1] Tunnelling Contracts—Risks in Australia
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