A Golden Foundation: Building Dispute Resilience for Brisbane's Olympic Legacy 

Why Brisbane 2032 should address disputes management before ground is broken on Brisbane's legacy stadiums

The clock is ticking. The Brisbane Olympic Games are now only seven years away and the promises are ambitious: sustainable venues, positive legacies and low carbon emissions. But between these commitments to the International Olympic Committee and their actual execution lies a complex web of workstreams and potential disputes that can derail timelines, blow budgets, and undermine Brisbane's ability to deliver on its Games commitments. Brisbane is therefore facing a critical window for stakeholders, such as the QLD Government, developers and contractors, to put in place proactive dispute management processes that will allow disputes that do arise to be resolved swiftly, efficiently and without impacting project timetables.

The Stakes Have Never Been Higher

We need to only look at recent Olympic host cities to see the significant cost overruns that can occur on Games projects. For Brisbane, delays in the selection of key sporting venues may increase this risk, as there is less time in which to deliver not only the necessary infrastructure, but also the sustainably outcomes required by the IOC.

Sustainability in the context of the Games is critically important. Not only is it baked into the IOC Games contract, host cities can face challenges when they do not deliver on these promises. When Tokyo promised to significantly reduce its emissions for the 2020 Games, it faced criticism and disputes over the actual carbon footprint reduction which was measured at 9.2% compared to the business-as-usual scenario. This was well short of their low-carbon targets.

Brisbane, for its part, is already under increased public scrutiny regarding expensive infrastructure projects while residents grapple with both cost-of-living and housing crises. Recent legal action against heavy carbon producing entities across Australia suggests sustainability will be a key concern to the public that will need to be addressed appropriately if the Brisbane Games are to meet our commitments to the IOC and have a positive Games legacy.

Learning from the past: Disputes in an Olympic context

Delivering the infrastructure required to host an Olympic Games is a substantial undertaking that requires careful planning and coordination across many different sectors and stakeholder groups before ground is even broken. Once projects commence, significant pressure is placed on those tasked with delivering these projects to ensure they are delivered on time and on budget. This pressure is only amplified in a Games setting where the entire world is watching. It is therefore important to have good contract management and mechanisms in place to proactively manage issues and disputes from the moment they arise to try to avoid or minimise any 'sting in the tail'.

While they faced several disputes, particularly around construction delays and environmental concerns, the Organising Committee for the Rio 2016 Games implemented Dispute Boards, which are a panel of neutral third parties tasked with assisting the parties to avoid disputes and manage them if they cannot be avoided. When included in the contract from the outset, Dispute Boards can be effective at avoiding disputes as well as resolving them.

Tokyo 2020 also encountered disputes, especially regarding the sourcing of materials and the environmental impact of construction projects. The disputes centred around supply chain transparency, verification of sustainability claims, and environmental impact monitoring. A key issue was the gap between stated commitments and actual verification systems - while Tokyo 2020 had a Sustainable Sourcing Code, it lacked robust compliance monitoring and dispute resolution mechanisms.

The way forward: Dispute management as an foundational enabler

Traditional dispute management and associated risk management processes, such as developing risk management systems and documentation, can sometimes be seen as an unnecessary and costly burden. However, effective dispute management should instead be viewed as a project enabler and a strategic advantage. With a solid foundation and clear understanding of how to identify and manage potential disputes, project teams can potentially avoid disputes or, if not avoid them, resolve them quickly, and in doing so free up important resources to focus on getting the job done.

Building Dispute Resilience:

The successful delivery of the Brisbane 2032 Olympic Games will require a sophisticated approach to dispute management built on three elements:

1. Think about and plan for disputes from the outset: All stakeholders should proactively consider and address areas for potential dispute across the Olympics projects landscape and develop effective contract clauses and management plans before contracts are finalised. By focusing on robust contract management procedures, consistency in dispute resolution clauses, and leveraging alternative dispute resolution mechanisms (such as Dispute Boards and arbitration), the Brisbane Olympics can better position itself to avoid the prolonged disputes seen in other large-scale projects. This proactive approach not only helps to deliver positive legacies for Queenslanders but also lays a strong foundation for achieving a sustainable Olympic Games.
2. Take a risk-based approach: Success in large-scale project delivery demands a risk-based approach to dispute prevention and resolution. This means implementing reliable mechanisms for tracking potential disputes, maintaining comprehensive and auditable documentation trails, investing in skilled contract management and utilising established escalation pathways. These are key elements of a project's risk mitigation program - continuously monitoring, reporting, and responding to potential issues before they become critical problems.
3. Monitor and measure everything that matters: By proactively identifying and resolving potential conflicts through regular monitoring, clear and fit for purpose contractual terms, and stakeholder engagement, Games project proponents can prevent issues from escalating into expensive and time consuming disputes. For example, operationalising contracts and key performance indicators through performance tracking, regular audits, and stakeholder capacity building ensures transparency and accountability of key data and information. Additionally, monitoring, measuring and communicating data and information fosters a collaborative environment supportive of open communication and joint problem-solving, which supports trust and cooperation among parties.

Effective dispute management is crucial for the successful management of projects in complex, high stakes project environments like the Brisbane Olympic Games. Integration of these elements into the project management approach will support a resilient dispute resolution framework that can transform dispute management from a reactive necessity into a proactive tool for project success. Such an approach should strengthen the Brisbane Games legacy, build strong stakeholder relationships and achieve the Games' long term economic, social and environmental sustainability goals.