Michael Brand

About

Michael is a Chartered Builder with academic and career backgrounds in construction management, commercial law and alternative dispute resolution. He specialises in construction contract administration and statutory adjudication in the building and construction industry.  He is a practising Adjudicator under the relevant security of payment legislation in New South Wales, Victoria, Queensland and South Australia, and has published extensively on statutory adjudication internationally.    

Michael is the founding Director of the Adjudication Research + Reporting Unit (ARRU) (est. 2011), which is funded by the NSW Department of Finance & Services and resides as a specialist research unit within UNSW Built Environment.  

In 2011, Michael was appointed Associate Editor of the International Journal of Law in the Built Environment (IJLBE, Emerald Group Publishing, UK).  

Michael plays an active role in the CIB (International Council for Research and Innovation in Building and Construction). He is a founding Coordinator of CIB Task Group 67 on Statutory Adjudication in Construction (est. 2007), which operates within the broader framework of CIB Working Commission 113 (W113) on Law and Dispute Resolution in Property, Construction & the Built Environment. He is jointly leading the W113 Construction Law Stream at the upcoming CIB World Building Congress in 2013.

Michael acts as an external reviewer for numerous international refereed journals and conferences, and has acted as an external reviewer for the Research Grants Council of Hong Kong. He is a Member, and immediate past Convenor, of the UNSW BE Human Research Ethics Advisory Panel.

Teaching

Michael teaches at undergraduate and postgraduate levels in the Construction Management Program. Main areas of teaching include construction contract administration, construction law, real property law, and construction contract procurement methods.

Research

Michael's main area of research is statutory adjudication in the building and construction industry.

Publications

ACADEMIC

Brand M C & Davenport P (2011) ‘Analysis of recent amendments made to security of payment legislation in New South Wales’, in Proceedings of RICS COBRA Research Conference 2011: W113 Legal Research Symposium, University of Salford, Manchester, UK, 12-13 September 2011, pp. 24-34.

Brand M C & Davenport P (2011) ‘A Proposal for a Dual Scheme model of statutory adjudication for the Australian building and construction industry’, International Journal of Law in the Built Environment - Special Issue on Construction Law, 3(3), pp. 252-268. 

Brand M C & Davenport P (2010) ‘A proposal for a Dual Scheme of statutory adjudication for the building and construction industry in Australia’, in Proceedings of RICS COBRA Research Conference 2010: W113 Legal Research Symposium, L'Université Paris-Dauphine, Paris, France, 2-3 September 2010.

Brand M C & Uher T E (2010) ‘Follow-up empirical study of the performance of the New South Wales construction industry security of payment legislation’, International Journal of Law in the Built Environment, 2(1), pp. 7-25.

Choi M, Brand M C, Kim J (2009) ‘A feasibility evaluation on the outsourcing of quality testing and inspection’, International Journal of Project Management, 27(1), pp. 89-95.

Brand M C & Uher T E (2008) ‘Review of the performance of security of payment legislation in New South Wales’, in Proceedings of RICS COBRA Research Conference 2008: W113 Legal Research Symposium, Dublin Institute of Technology, Dublin, Republic of Ireland, 4-5 September 2008.

Uher T E & Brand M C (2008) ‘Claimants’ view of adjudication in New South Wales’, Engineering, Construction and Architectural Management, 15(5), pp. 470-484.

Uher T E & Brand M C (2008) ‘The impact of New South Wales security of payment legislation on clients, contractors and subcontractors’, in Proceedings of CIB W89 International Conference in Building Education and Research, Kandalama, Sri Lanka, 10-15 February, pp. 1274-86.

Brand M C & Uher T E (2007) ‘An examination of the performance of statutory adjudication in New South Wales after 2000 determinations’, in Proceedings of CME25 Construction Management and Economics: Past, present and future, University of Reading, UK, 16-18 July, CD ROM, paper 0033.

Uher T E & Brand M C (2007) ‘A comparative analysis of the operation of compulsory rapid adjudication in New South Wales and New Zealand’, Construction Management and Economics: Special Issue on Construction Law and Management, 25(7-9), pp. 765-775.

Uher T E & Brand M C (2007) ‘The evolution of adjudication law in the construction industry in New South Wales’, in Proceedings of the CIB 2007 World Building Congress, Cape Town, South Africa, 21-25 May, pp. 2245-60.

Uher T E & Brand M C (2005) ‘The first five years of adjudication in New South Wales’, in Proceedings of the ICW 2005 International Forum on the Construction Industry Payment and Adjudication Act, Kuala Lumpur, Malaysia, 13-14 September, paper 17.

Brand M C (2005) ‘The development of negligence law throughout the Commonwealth in relation to purely economic loss and defective structures’, in proceedings of the 3rd CIB Student Chapters International Symposium, Queensland University of Technology, Australia, 4-8 July, pp. 614-25.

Brand M C & Uher T E (2005) ‘Analysis of the trends of adjudication in New South Wales’, in proceedings of the ICCEM 2005 1st International Conference on Construction Engineering and Management, Seoul, South Korea, 16-19 October, pp. 687-92.

Uher T E & Brand M C (2005) ‘Analysis of adjudication determinations made under security of payment legislation in New South Wales’, International Journal of Project Management, 23(6), pp. 474-482.

Zou P X W, Marsden P & Brand M C (2004) ‘The application of e-learning in a construction management program’, in Proceedings of 29th Annual AUBEA Conference, University of Newcastle, Australia, 7-9 July, pp. 25-34.

Brand M C & Uher T E (2004) ‘Adjudication determinations in Australia’, in Proceedings of the 20th Annual ARCOM Conference, Heriot-Watt University, Edinburgh, UK, 1-3 September, 1, pp. 661-70.

Brand M C (2004) ‘Restitutionary quantum merit and wrongfully repudiated contracts in the Australian construction industry’, in Proceedings of the 2nd CIB Student Chapters International Symposium, Tsinghua University, Beijing, China, 30-31 October, pp. 185-97.

Brand M C & Uher T E (2004) ‘The performance of the Security of Payment Act in the Australian construction industry’, in Proceedings of the CIB 2004 World Building Congress, Toronto, Canada, 2-7 May, CD ROM, paper 250.  

PROFESSIONAL (Selected)

Brand M C & Davenport P (2011) 'A call for unifiaction - A proposal for a Dual Scheme of statutory adjudication in Australia', RICS Construction Journal, Royal Instutute of Chartered Surveyors, Apr/May 2011, pp. 22-23.

Brand M C (2009) 'A study of security of payment legislation in NSW', in Proceedings of LEADR ADR Conference 2009, Adjudication Forum Stream, 11 September 2009, Melbourne, Australia.

Brand M C (2004) 'Adjudication and security of payment - the NSW experience', Building Dispute Practitioners Society News, Building Dispute Practitioners' Society, Australia, vol. 16, pp. 13-14.

Grants

$234,000 (2011): Establishment of the Adjudication Research + Reporting Unit ('the ARRU'). Funded by NSW Department of Finance & Services.

$12,200 (2007): Project title: ‘An Empirical Study of the Performance of the Building and Construction Industry Security of Payment Act 1999 (NSW)’. Funded by UNSW Faculty Research Grants Program (with Assoc. Prof. Dr. T. E. Uher).

$11,500 (2004): Project title: ‘Performance of the Building and Construction Industry Security of Payment Act 1999 (NSW)’. Funded by Master Plumbers Association of NSW.

Awards and Achievements

Emerald Literati Network Awards for Excellence 2011 - Outstanding Reviewer Award - International Journal of Law in the Built Environment (IJLBE), received on 12/9/11 at the RICS COBRA 2011 Conference, University of Salford, UK.

Emerald Publishing Awards (IJLBE) 2011 - Best Paper Award, received on 12/9/11 at the RICS COBRA 2011 Conference, University of Salford, UK  (jointly with P. Davenport).

Teaching Commendation 2008 - Associate Dean (Education) - for exceptional teaching performance in BLDG1281 Construction Law.

FBE Research Excellence Awards 2006 - Team Research Prize for outstanding record of leadership in research in the field of construction project management, received on 11/5/06 at UNSW (jointly with Assoc. Prof. Dr. T.E. Uher).

Blackwell Publishing Award 2004 - Best Paper, received on 3/9/04 at the 20^th Annual ARCOM Conference, Heriot-Watt University, Edinburgh, UK (jointly with Assoc. Prof. Dr. T.E. Uher).

Professional Affiliations and Memberships

Michael is a Member of the Australian Institute of Building. 

Professional Practice and Consulting

Michael is a Accredited Adjudicator for New South Wales, Victoria, Queensland and South Australia. He is a former consultant to the NSW Department of Commerce on matters relating to the Building and Construction Industry Security of Payment Act 1999.