April 2025

Unravelling Risk

Unravelling Risk

Poorly managed risk is fuelling disputes, driving up costs and threatening construction industry stability. How do we unravel risk?

“Risk is rising across Australia’s construction industry – but risk management isn’t keeping up,” says Consult Australia Chief Executive Officer Jonathan Cartledge.

Unravelling Risk explores the underlying causes of disputation in Australia’s construction industry and its growing impact on design, advisory and engineering consulting businesses. 

“As projects grow in complexity, the dispute culture has become deeply entrenched. The talk of collaboration and risk-sharing is not translating into practice. Risk is being used as a throwaway justification for unfair contracts, when what we really need is communication, accountability and meaningful reform.”

Key findings

Unravelling risk combines data from Consult Australia member organisations, local and global insurers, and risk specialists to map how risk is too often shifted – not managed – with serious consequences. 

Among the findings are: 

  • Change in scope is the leading cause of disputes globally and locally
  • 51% of claims in Australia cite scope as the leading issue – compared to 37% globally
  • Misleading and deceptive conduct claims are on the rise, and often used tactically in disputes
  • Professional indemnity (PI) insurance loss ratios for engineers are well above the industry’s sustainable threshold of 70%.

Five reforms to untangle the knot

To break the design-construct-litigate cycle, Unravelling Risk proposes five targeted reform ‘threads’ – each informed by claims data and underpinned by collaboration and transparency. These reforms are:

  1. Scoping for success – Prioritise early-stage project and program scoping.
  2. Valuing variations – Seek the best outcome for the project, not a blame game.
  3. Timing transparency – Support collaborative approaches to timing and programming to get projects ‘back on track’.
  4. Refining the rules – Modernise laws that are being unreasonably exploited, including misleading or deceptive conduct provisions of the Australian Consumer Law and civil liability laws.
  5. Resolution over disputation – Embed structured, early resolution pathways to achieve the best project, relationship and business outcomes.

“These are not abstract ideas – they are practical fixes. We are taking them to more than 30 government forums across Australia this year with one clear message: let’s work together to reform risk.”

Download the Unravelling Risk report from the Consult Australia website

Share on

Unravelling Risk