BYL 0.00% 8.0¢ brierty limited

The dispute relates, I think, to the Great Eastern Highway...

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    The dispute relates, I think, to the Great Eastern Highway contract. BYL received expert advice, and had not digested it when about two or three months ago I asked Management a side question when asking for clarification on another matter. Normally, I would agree with you that government agencies tend to pay up if one advances a cogent supporting argument, but by hiring Troy Busby, BYL has exposed itself to extraordinary scrutiny by WA Labor, particularly from Rita Saffioti. Consequently, Main Roads WA may be more inclined to cover their rears by deferring decisions to an arbitrator. The matter may well be dead by now – I have not contacted BYL since my earlier discussion.

    If you poke around the various WA Government Hansard publications you will see how often the WA Labour opposition raises matters concerning Brierty, and specifically about Troy Busby.

    Questions in Parliament go along the lines of the following, which is 12 May 2016 / p2941 MAIN ROADS WESTERN AUSTRALIA - BRIERTY TENDER DISPUTE - COMPENSATION [Questions On Notice] http://www.parliament.wa.gov.au/Han...8257FEE0012B3B9/$file/A39 S1 20160512 All.pdf
    MAIN ROADS WESTERN AUSTRALIA — BRIERTY TENDER — COMPENSATION 5146. Ms R. Saffioti to the Minister for Transport:

    I refer to Main Roads Tender MRWA008913 [Great Eastern Highway], and ask:

    (a) has any compensation, recompense or reparation payment to Brierty as a result of a contractual dispute or disagreement associated with the above tender been made as at 15 March 2016;
    (b) if yes to (a): (i) what is the amount of any payment; and (ii) what was the basis of the dispute for which any payment was made;
    (c) are there any outstanding claims in relation to any dispute or disagreement associated with the tender;
    (d) if yes to, what is the amount of any outstanding claim;
    (e) what is the current cost of any State Solicitor’s Office advice in relation to any contractual dispute or disagreement with Brierty;
    (f) what is the cost of all independent legal advice in relation to any contractual dispute or disagreement with Brierty;
    (g) how many submissions were received for the above tender; and (h) what was the highest and lowest tender price submitted?

    Mr D.C. Nalder replied:
    (a) No.
    (b) (i)–(ii) Not applicable.
    (c) Yes.
    (d) $9.55 million and $0.64 million.
    (e) As at 24 March $24,954.
    (f) Nil.
    (g) Seven submissions.
    (h) $51.4 million and $27.0 million respectively and before any proposal assessment adjustments (base price).

    If you get into Hansard WA, http://www.parliament.wa.gov.au/hansard/hansard.nsf/NewAdvancedSearch and search on “Brierty”, you will see how long the list is that the search provides. The above is only one selected because it is relatively recent, and touches on an actual Main Roads tender. Harassing the WA Government in Parliament about tenders won by BYL and the activities of Troy Busby is a constant theme that has been ongoing for a few years. That said, the dispute in question may now resolved to BYL's detriment – I have not revisited this matter.
 
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