Building & Construction: Disputes and Liability
The NSW construction watchdog is cracking down on defects, so if they come knocking, be ahead of the game by attending this comprehensive seminar. Join our carefully selected panel as they explore the latest updates to the Design & Building Practitioners Act 2020 and its impact on the industry. Successfully navigate insurance and indemnity issues in your construction contracts. Perfect your practice with termination of contracts, developments in construction claims and dispute resolution clauses. WEB2111N13
Description
Attend and earn 3 CPD units in Substantive Law
This program is based on NSW legislation
Chair: Fiona Doherty, Director, Rider Levett Bucknall, National Association of Women in Construction (NAWIC) and Australian Institute of Quantity Surveyors (AIQS)
2.00pm to 2.45pm Updates: Design & Building Practitioners Act 2020 (NSW)
- What is it? How does it fit in within the scheme of building legislation?
- Why did it come about?
- What does it require?
- How are its features ‘new’ to building development?
- Why is it important?
- How can the building industry adapt and respond?
Presented by Philip Bambagiotti, Barrister, Tenth Floor St James Hall Chambers
2.45pm to 3.30pm Insurance and Indemnity in Construction Contracts: The Impact on Liability
- Navigating the interplay between professional indemnity, contract works, public and product liability
- Interaction of insurance with indemnity provisions in the contract
- Analysing and identifying the appropriate levels of cover
- Exclusions of insurance from cap of liability
- Proportionate liability legislation and impact on liability
Presented by Lou Stojanovski, Managing Partner, Keystone Lawyers; Accredited Specialist in Commercial Litigation
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Termination of Building Contracts
- The contract procedure: When is it an exhaustive code?
- Risks associated with termination for delayed performance
- Insolvency: the impact of ipso facto law reform
- Quantum merit: Is it still available? Is it capped?
- Security of Payment: Are statutory claims available after termination?
- Contract provisions that typically survive termination
Presented by Shaun Bailey, Principal, Ingenium Legal
4.30pm to 5.15pm Developments in Construction Claims and Dispute Resolution Clauses
- Time-barring provisions
- Essential elements for an effective dispute resolution clause
- Expert determination agreements and what is within the scope of expert determination agreement
- Holding the parties to their bargain: What the courts are saying
- Implication of terms in dispute resolution clauses
Presented by David Jury, Partner, HWL Ebsworth
Presenters
Fiona Doherty
Fiona is a chartered and certified quantity surveyor with over 30 years industry experience in the UK, Singapore and Australia. She is an accomplished and award winning quantity surveyor with experience across a wide range of sectors for both private and public sector clients across Australia and overseas. She is a Fellow of both the AIQS and the RICS and is also an Adjunct Professor at the University of Canberra. Fiona is a diversity and inclusion champion and is a Board Director of the National Association of Women in Construction (NAWIC), she also is the Chair of the AIQS D&I Committee as well as Board Director of that organisation.
Philip Bambagiotti
Philip Bambagiotti is a barrister and arbitration counsel based in Sydney, Australia. He has over twenty years' experience as an advocate specialising in Commercial and Construction Law matters. This experience also extends to the provision of representation in Alternative Dispute Resolution matters. He practices in all aspects of commercial law, including: contract disputes, tort disputes, Building & Construction disputes (including Home Building Act matters), Security of Payments disputes and adjudications, Arbitration law, Planning & Local Government Law, Property and Strata matters. He is the author of Building Disputes and the Home Building Act 1989 (NSW) published by Thomson Reuters (with the 2nd edition in preparation), the Home Building section of the Building Service (NSW) also published by Thomson Lawbook Co, as well as National Building Service also published by Thomson, as well as various other papers.
Lou Stojanovski
Lou spent 10 years at a national firm working on construction and litigation projects. He then moved to a publicly-listed Danish mining services company where he was responsible for acquisitions and negotiating construction contracts across the Pacific before starting Keystone. In addition to leading the team, Lou spends a large portion of his time out and about in the community, meeting clients and presenting at industry events. He sits on the Master Builders Association Hunter Committee, is an adjudicator in NSW and Victoria and is also the NSW Supreme Court Independent Solicitor.
Shaun Bailey
Shaun is the principal lawyer for Ingenium Legal, a Sydney based law firm focussed on commercial construction, engineering, development and operations & maintenance contracting. He has advised construction industry participants on government and private sector contracts for more than 25 years. Over the last decade, Shaun has been recognised by Doyles Guide as a leading and recommended practitionier in of construction law in NSW. According to the Legal 500, “Shaun Bailey ‘thinks outside the box’, and is especially strong in construction disputes”.
David Jury
David Jury is a partner at HWL Ebsworth with over 20 years' experience in negotiating, drafting and litigating contracts primarily for those involved in the building and construction industry. With experience for owners, government, contractors, sub-contractors and consultants David has provided advice to clients on a variety of issues and from different perspectives. David's experience in litigation as well as alternate dispute resolution has provided him with valuable insights into how parties to contracts can improve their chances of avoiding disputes.