Industrial Contract Payment Claim Resolved

In June 2009, Steve Lieblich was appointed to adjudicate a payment claim in a contract for the construction for industrial infrastructure in a regional mining centre, in accordance with the Construction Contracts Act 2004 (WA).

Steve determined the matter within 28 days, reflecting a consensual agreement by the parties.

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Shared Land Information Platform Award

The Shared Land Information Platform (SLIP), a ground-breaking cross-government technology initiative in which Lieblich & Associates allies Amristar and iDelve  played a key part, has been awarded top honours at this year’s Premier’s Awards for Excellence in Public Sector Management.
Premier Colin Barnett made the announcement at a ceremony last night in Perth.
SLIP, initially conceived and led by Landgate, also won the ‘Improving Government’ category that recognises ‘outstanding achievement towards strengthening the systems of Western Australian Government and maintaining a skilled, diverse and ethical public sector that serves Western Australians.’

Landgate is the statutory authority responsible for Western Australia’s land and property information.

Lieblich & Associates allies Amristar and iDelve were chosen to provide spatial architecture, software engineering and the map viewing technology for the SLIP Framework after a rigorous selection process by the leading government agencies involved in spatial data management (Landgate, Dept. of Agriculture & Food,  Fire and Emergency Services Authority and Dept. of Planning and Infrastructure).

The SLIP platform was successfully launched in August 2008, and its achievements have  been recognized with awards by the Spatial Sciences Institute. It has won the APSEA 2008 award for Spatially Enabled Government as well as this 2008 Premiers Award for Improving Government.

Lieblich & Associates is a significant shareholder in both  Amristar and iDelve , and Steve Lieblich is the Chairman of their boards.

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Domain Name Dispute Determined

A Western Australian business sought to register a Domain Name similar to its business name, and found it was registered to another similar business. It attempted, unsuccessfully, to contact the business that had registered the subject Domain Name, to negotiate the transfer of the Domain Name. And so it served a Complaint on Institute of Arbitrators and Mediators Australia (IAMA) in accordance with the .au Dispute Resolution Policy.

IAMA forwarded the Complaint to the Respondent, giving the respondent 20 days to provide his Response, in the manner prescribed.

No Response was received by IAMA, as at 6 May 2008.

IAMA appointed Steve Lieblich as Panellist in this matter on 9 May 2008.

Steve issued a letter of inquiry to the parties inviting their responses by 16 May 2008. The Complainant responded on 13 May. The Respondent responded partially on 14 May, advising that he was awaiting further advice before responding in full, then again, partially, on 16 May.

Steve rendered his decision on 23 May 2008. He decided that the domain name, registered to the Respondent, shall be transferred to the Complainant, because

(i) The Domain Name is identical or confusingly similar to the Business Name which the Complainant has registered with the WA Department of Consumer & Employment Protection

(ii) The Respondent claimed no rights or legitimate interests in respect of the Domain Name. and offered no other evidence of any similarity of the Domain Name with its company, business or other legal or trading name, as registered with the relevant Australian government authority; or any personal name associated with the Respondent.

(iii) The Domain Name had been registered or subsequently used in bad faith. The Respondent verified that the Domain Name was used to attract traffic searching for terms similar to that name, and described no other use of the URL.

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iDelve selected for Western Power

Amristar will convert its pilot OPERATIONAL GEOGRAPHIC VIEWER for the ELECTRICITY NETWORKS CORPORATION of Western Power (WP), into a permanent operational system.

WP, which is responsible for the distribution and transmission of electricity in Western Australia, required a mapping system to enable rapid response to faults and trouble calls within their 88,000km network. The solution had to integrate with existing applications and spatial data infrastructure and perform swiftly over wide area networks for bandwidth-limited regional users, even while including satellite and aerial imagery.

Amristar developed a pilot web mapping system (GeoViewer) for WP to monitor their electricity network and manage faults responses. Using iDelve technology, GeoViewer seamlessly integrates with WP’s Network Management System, Trouble Call System and Call Taker System. The system provides a real-time spatial view of their assets, outages, and mobile vehicles.

A few days ago, WP decided to make the GeoViewer pilot a permanent part of their operational systems. Highly responsive, reliable and securely accessible by regional offices,  GeoViewer improves Western Power’s productivity and service levels.
Lieblich & Associates is a significant shareholder in both Amristar and iDelve and Steve Lieblich is the Chairman of their Boards of Directors.

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Construction Contract Dispute Resolved by Mutual Agreement

A residential construction company entered into a dispute with its steel fabriction and erection contractor over a series of claims representing approximately 15% of the total contract value.

Steve Lieblich was appointed Arbitrator in the matter by the Institute of Arbitrators and Mediators Australia. After a Preliminary Conference in March, the parties submitted their

* Claim,
* Defence and Cross Claim
* Reply and Defence of Cross Claim
* Rejoinder to the Defence of Cross Claim

These interlocutory proceedings were completed in September 2007.

Steve considered the material submitted and then provided the parties a detailed anaylisis of the issues in the matter, complete with a spreadsheet analysis of the quantum of the various cliams, but without expressing any view of the merits of the arguments. He issued further directions noting that the analysis he had provided did not reflect any determination or opinion in relation to the validity or merit of the claims, and requesting that the parties’

* respond to a list of questions by 30 October 2007, and provide a copy to the other party
* provide him with their reply to the other party’s response (if any) by 13 November 2007.

The parties advised, having had the opportunity to consider their respective positions, that they wished to suspend the arbitration in order to seek a resolution by direct negotiation.

They subsequently confirmed that they had resolved the matter by negotiation and mutual consent.

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Rapid Adjudication under the Construction Contracts Act

A major national engineering construction contractor and local engineering subcontractor entered into a Contract in March 2007 pursuant to which the Applicant was to carry our civil works to the value of $1.7m at a Western Australian location.

In December 2007, the subcontractor submitted a Payment Claim in the sum of approximately $400k.

The contractor served the subcontractor with a Notice of Claim for damages and a right to set-off or deduct from any payments due. A dispute arose, and the subcontractor sought adjudication under the Construction Contracts Act (WA). The Institute of Arbitrators and Mediators Australia appointed Steve Lieblich as Adjudicator.

Steve found that the subject payment dispute arose with the serving of the Notice of Claim for damages.

Despite a conference in which the parties were encouraged to settle the dispute by negotiated mutual consent, the parties asked Steve to determine the matter.

He found that the Respondent was liable to pay the Applicant the sum of approximately $300k of the Payment Claim, as follows: the full amount claimed in the Payment Claim, less approximately $70k of liquidated damages and approximately $20k for damages pursuant to delays to a portion of the works, which may be due and thus may be deducted as a set-off amount from the Payment Claim in accordance with the Contract.

The contractor was also liable to the subcontractor one half of the adjudication costs, plus interest on the outstanding sum.

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Building Services Dispute Successfully Resolved

A major Western Australian Government Agency and one of its long-standing building services providers approached us in November 2006, to assist with resolution of a dispute about a maintenance contract.

The parties agreed that Steve Lieblich shall determine the matter as arbitrator, in accordance with the Rules of the Institute of Arbitrators and Mediators Australia.

We directed the parties to provide points of claim, defence and counterclaim, reply and defence to counterclaim, and rejoinder. After analysis of these interlocutory submissions, Steve the directed the parties to provide specific information in further submissions.

After receipt of these further submissions and detailed analysis of the matters at issue, Steve presented his thoughts (but no determination or award) to the parties, and suggested a number of alternative procedures to resolve the matter.

With the benefit of having completed some interlocutory proceedings and having heard Steve’s analysis, the parties elected to attempt to resolve the matters by direct negotiation, and in the event that this was not successful within an agreed brief period, also authosied Steve to adopt an expedited determinative arbitral procedure that minimised the costs of completing the arbitration.

The parties agreed to resolve the matter by consent. Steve assisted them to document that agreement. The resolution thus preserved the commercial realtionship between the parties, facilitating a mutually beneficial continuation of their contract, and also minimised the costs of resolution.

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Verint awarded a major contract in WA

Today, Verint Systems was awarded another major contract in Western Australia: to implement and support a Lawful Interception, Mediation and Administration System for a major Internet Service Provider.

Lieblich & Associates represented Verint in promoting the application of their technology and in closing the sale. The value of the contract is approximately $0.5million.

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Landgate Embraces iDelve System

Landgate, the Western Australian Government Statutory Authority (formerly the Department of Land Information) today confirmed its acceptance of the iDelve Proof of Concept for its Shared land Information Platform (SLIP) Project and intentions to deploy the map viewing capability within weeks.

Landgate’s CEO further announced plans for broader use of iDelve within the Authority, with initial implementations outside SLIP planned for July 2007.

This resounding acceptance and endorsement of the iDelve system provides a prestigious reference and a springboard for further commercialisation of the company.

iDelve is an associate of Lieblich & Associates, and Steve Lieblich is its Chairman.

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