Building and Construction Legal Roundup 2021
213W15: In today’s ever shifting and demanding construction industry it’s critical to develop advanced legal and business strategies in order to effectively mitigate risk for your construction clients or your organisation. Gain useful information on variations to work scope, time bars, waiver, estoppel and termination for breach of essential terms. Hear a critical security of payment update plus keep pace with key structural developments shaping the sector.
Description
Attend and earn 4 CPD points in Competency Area 4: Substantive Law
This program is based on WA legislation
Chair: Greg Steinepreis, Partner, Squire Patton Boggs; Preeminent Construction & Infrastructure Litigation Lawyer and Front End Construction & Infrastructure Lawyer, Doyle’s Guide 2020
9.00am to 9.50am Security of Payment: A Critical Update
A review of the Building and Construction Industry (Security of Payment) Bill 2020 (WA) with emphasis on:
- An update on commencement of the new Act
- Reviewing the new adjudication process under the new Act
- Highlighting what has changed with Adjudication under the new Act
- Detailed review of key sections of the new Act
- Reviewing retention money trusts under the new Act
- The increased powers of the Building Services Board to manage conduct and behaviour of building services providers
Presented by Graham Morrow, Graham Morrow & Associates, Barristers & Solicitors P/L
9.50am to 10.40am Variations to Work Scope
- What is a variation
- What is NOT a variation
- Can a duty to vary arise
- Pricing varied work
- Common traps for the unwary: compliance with formal requirements, and recovery in the absence of compliance
Presented by Tom Jacobs, Partner, Projects, Infrastructure and Construction, Jackson McDonald; Recommended Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2020
10.40am to 11.25am Construction Contracts: Common Areas for Dispute
- Consideration of some of the most common areas for dispute
- Extensions of time claims
- Delay claims
- Construction defects
- Contract variations
- Some practical considerations and recent cases
Presented by Anthony Prime, Director, MDS Legal
11.25am to 11.40am Morning Tea
11.40am to 12.30pm Time Bars, Waiver, Estoppel and Termination for Breach of Essential Terms
- Drafting an effective contractual time bar
- Evidentiary issues in establishing waiver and estoppel
- Criteria for identifying essential terms for termination
- Quantum meruit claims following termination
Presented by James Healy, Barrister and Arbitrator, Francis Burt Chambers: Leading Insolvency & Restructuring Junior Counsel, Doyle’s Guide 2019
12.30pm to 1.15pm Superintendent, Consultant, QS and Lender: Friend or Foe?
- How these roles operate over the life of a project
- Who is independent and what that means
- Main risks for the principal to manage
- Effect of lender side deeds
- How builders and contractors make this project structure work for them
- Key commercial risks to project completion
- Claims and dispute management in this project structure
Presented by Richard Wilenski, Partner, Tottle Partners Lawyers; Recommended Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2020
Presenters
Greg Steinepreis
Greg brings globally recognised contractual, advisory and dispute resolution expertise to his key role in many of Western Australia's largest resources, energy and infrastructure projects. He advises energy and resources clients on procurement, works and services contracts and on project management. Greg's specific project experience includes Australia's major liquefied natural gas (LNG) and iron ore mining projects. He has advised government authorities as well as leading contractors and consultants on the delivery of public infrastructure including major roads and rail and on urban redevelopment.
Graham Morrow
Graham practices as a construction lawyer, adjudicator and arbitrator. Graham worked as a qualified quantity surveyor for 14 years before commencing his legal career in Perth in 2002. A significant amount of his legal career to date has been spent advising on building, construction and infrastructure matters and related issues. Graham has been the appointed adjudicator on many payment disputes in WA, has prepared adjudication applications and responses for a diverse range of construction related clients, and advised on SAT & judicial review adjudication matters.
Tom Jacobs
Tom has over 20 years experience advising clients active in the building, construction and engineering industries. He is dual qualified in the UK and Western Australia, and is able to offer clients the benefits of his international experience in both contract drafting and dispute resolution., He has assisted clients working on the delivery of infrastructure projects in the health, transportation (including car manufacturing plants and logistics warehouses), retail (including shop fit outs and new build supermarkets), education, energy and water industries.
Anthony Prime
Anthony commenced working in 1991 for a large city firm working principally in the area of building and construction. Anthony joined MDS Legal in 1997 and practices in the area of commercial litigation, with particular focus on building and construction matters.
Anthony acts for owners, builders and sub-contractors, as well as being the preferred solicitor for over ten years of a co-operative of some 100 residential builders. He has appeared as counsel in litigious matters in various Courts and Tribunals including the the State Administrative Tribunal, Magistrates Court, District Court, Supreme Court of Western Australia and the Court of Appeal.
James Healy
James is a Fellow of the Chartered Institute of Arbitrators and is the Vice President of the Australian Branch. Prior to joining the bar in 2010, James was a partner of a national law firm and assisted clients with all commercial and contentious aspects of the development of resources projects in Australia, the Asia Pacific and Africa. At the bar he acts for clients on a wide range of domestic and international resources and construction disputes in the energy and resources sector.
Richard Wilenski
Richard specialises in engineering, construction and infrastructure matters, with prior experience in the following areas: the planning, development, negotiation and implementation of all forms of standard contracts, and relationship based contracts including PPP contracts, alliance and partnering type contracts and ECI type contracts
the provision of project structuring and risk strategy advice necessary to properly align the choice of contracts (and the content of the contract terms) with the commercial objectives and development requirements for projects adjudications under the Construction Contracts Act in Western Australia and under various security of payment legislation in other States and Territories
Venue
Parmelia Hilton
Level 1, Meeting Room, 14 Mill Street
Perth 6000
WA
Australia
Directions
Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green
Parking information
Parmilia Hilton - Valet Parking only - Click here to view rates.
Convention Centre - 100 metres from Parmelia Hilton. Click here to view rates