Law for Architects: The Major Contracting Issues
Learn to identify the legal risks associated with the major contracting issues you may come across in your day to day business. Explore contractual relationships, novation of contracts when one is terminated & a new one begins, contract administration, and claims of extension of time. This unique program also gives you an opportunity for discussion and Q&A with all the panelists who can take the time to answer all your specific questions. WEB2111N12
Description
Attend and earn formal CPD points including:
2 Points in Practice Management
2 Points in Project Delivery
This program is applicable to practitioners from all States & Territories
Chair: Charles Fortin, Managing Director, Collard Maxwell Architects
9.00am to 9.10am Opening Comments from the Chair
9.10am to 10.00am Understanding the Contractual Relationships and Getting Your Contract Right
- The various contractual relationships, roles and responsibilities
- The architect contract
- Common issues:
- Payment and fee
- Termination
- Intellectual property and moral rights
- Warranties and approval
- Insurance
- Limitation of liability
Presented by Scott Alden, Partner, HWLE Ebsworth
10.00am to 10.45am Novation of Contracts: Replacing one Contract with Another
- Understanding the concept
- Novation vs assignment
- Issues to be understood
- Clarity around scope of release and timing
- The effect on accrued rights, claims and demands
Presented by Owen Hayford, Principal, Infralegal; Leading Front End, Construction and Infra Structure NSW, Doyle’s Guide 2021
10.45am to 11.00am Morning Tea
11.00am to 11.45am Understanding Contract Administration
- The functions performed by the Contract Administrator under a construction contract
- The dual role of the Contract Administrator as agent of the client and as certifier
- The need for familiarity with the contract
- Issuing and receiving contractual notices
- Role of the contract administrator in relation to payment claims and Security of Payment legislation
- Post practical completion defect remediation
Presented by Alex Hartmann, Partner, Baker McKenzie
11.45am 12.30pm Programming and Time Claim Assessment
- Programming concepts
- Administering the program
- Assessment of Claims
- Common methods
- Common Issues
- Contingency
- Who owns the float?
- ‘Concurrent’ delay
- How to deal with disputes
Presented by Chad Wilkinson, Senior Consultant, Hinds Blunden
12.30pm to 1.15pm PANEL DISCUSSION Q&A
Your panel of experts are here to answer all your questions. Engage in lively discussion and have the ability to discuss the presentations and what you need to know for your business with the speakers themselves.
Facilitator and Moderator:
Craig Hyde, General Counsel, Cox Architecture
Panellists:
Scott Alden, Partner, HWLE Ebsworth
Charles Fortin, Managing Director, Collard Maxwell Architects
Chad Wilkinson, Senior Consultant, Hinds Blunden
Alex Hartmann, Partner, Baker McKenzie
Owen Hayford, Principal, Infralegal; ; Leading Front End, Construction and Infra Structure NSW, Doyle’s Guide 2021
Learning outcomes:
After completing this course, you should be able to:
- Understand the major Issues and problems with Contract administration
- Be updated on programming and time claim assessment
- Plan and implement suitable strategies when dealing with payments, insurance and termination
- Analyse different options when dealing with novation of contracts
Presenters
Charles Fortin
Charles graduated architecture from the Illinois Institute of Technology, a Chicago institution known for its Bauhaus philosophy and expertise in high-rise design and construction. He is the Managing Director and owner of Collard Maxwell Architects, a practice that has been in business since 1947.As an Executive Architect he oversees the delivery of 30 to 40 projects a year, many of them construction-side. His focus is on the design and delivery of complex projects of all types, including: Data Centers, Industrial, Mixed-Use Residential, Education, and Lifestyle Retirement projects.
Scott Alden
Scott Alden is a partner at HWL Ebsworth in Sydney. Scott has been working in the areas of major projects and infrastructure for over 20 years and is a recognised specialist in these areas as well as the sectors of Government, Water, Defence, Ports, and Housing. Scott is known for providing legal advice with pragmatism and commerciality to ensure that the advice is relevant to the project and parties to the transaction. Scott has been at the forefront of advising on the recent legislation regarding small business and modern slavery advising both government and private sector on the implications and compliance issues arising out of these new legislative regimes.
Owen Hayford
Owen Hayford is the founding principal of Infralegal, a boutique law firm that provides strategic legal advice on infrastructure and construction projects. Owen has over 25 years' experience, which covers the full spectrum of contract delivery models and industry participants. Owen is highly regarded for his strategic legal and commercial advice on the structuring and delivery of infrastructure projects, and well as the resolution of contractual disputes.
Alex Hartmann
Alex Hartmann is a partner in the construction group of Baker & McKenzie, Sydney and has over 25 years' experience as a construction lawyer working in Sydney, Melbourne and London. Alex's practice covers both the non-contentious and contentious aspects of construction law, ranging from advice on procurement models and contract drafting and negotiation through construction administration to the various forms of traditional and alternative dispute resolution. Major projects on which Alex has worked include: the Sydney Desalination Plant; the Emirates Wolgan Valley Resort; campus developments at UTS; the Village Roadshow Wet 'n' Wild water park; and the redevelopment of 20 Martin Place.
Craig Hyde
Craig has more than 25 years of litigation experience as a barrister and solicitor in New Zealand, England and Australia. Over the last 16 years, he has focused on insurance advice and litigation for domestic and overseas insurers in relation to a wide range of claims but with a particular focus on claims in the rural, construction and engineering sectors. His practice covers both first and third party insurance claims and indemnity advice in relation to both. He has litigated claims in the NSW District and Supreme Courts, including the Court of Appeal.
Chad Wilkinson
Chad Wilkinson is a senior consultant with the construction consultancy Hinds Blunden that specialises in the management of risk in engineering and building projects and resolution of engineering and building disputes. Chad is a qualified Civil Engineer with a Master of Construction Law and 25 years’ experience in building, civil and process projects involving urban development, performance stages, laboratories, hospitals, prisons, commercial, retail, rail, roads, bridges, pipelines, treatment plants and airports to name a few. Chad provides expert advice and assistance on delay, disruption, and variation claims and assessments.