Construction Law Symposium
With construction industry under scrutiny, ensure you’re up to date. Join industry leaders as you are guided through the Design and Building Practitioners Act and building defect claims. Gain critical knowledge of essential construction contract terms including indemnities, extensions of time and minimising risk in your practice in uncertain times. Gain an understanding of lessons learnt since COVID-19, ethical issues and using experts and the requirement to build to the Contract for Sale. 223N05
Description
Attend and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills
This program is based on NSW legislation
Session 1
Critical Construction Law Updates
Chair: Vera Culkoff, Barrister, Second Floor Selborne Chambers
9.00am to 9.15am Opening Address: Building Commission Update
Presented by Vera Culkoff, Barrister, Second Floor Selborne Chambers
9.15am to 10.00am Design and Building Practitioners Act 2020: Lessons from the Past Year
As we approach the 1-year mark from the DBPA’s commencement on 1 July 2021, it’s an ideal time to examine how these significant reforms have played out in practice and what practitioners need to do going forward.
- The duty owed by a person who carries out construction work to exercise reasonable care
- The duty owned to owners of land on which work carried out and each subsequent owner including owners corporations
- Retrospective operation of Act and limitation issues
- Duty owed by builders, designers, suppliers, supervisors and anyone having substantive control over the carrying out of work
- Application of apportionment provisions of Civil Liability Act
- Interaction with statutory warranty and contract claims
- How the Act has played out thus far and where to from here?
Presented by Tom Davie, Barrister, Queen’s Square Chambers; author, Annotated Home Building Act, Prospect Media and co-author, Understanding Construction Law, LexisNexis; Recommended Construction & Infrastructure Junior Counsel, Doyle’s Guide 2020
10.00 to 10.45am Building Defects Claims: 2022 Update
- Likely parties/clients
- Likely Courts/Tribunals
- Substantive law and procedural law
- Likely claims:
- Plaintiff claims against Builders, Developers; Building Professionals
- Private claims against Strata Plans
- Defendant Cross-claims against Builders
- Builder Cross-claims against Owners
Presented by Carlos Mobellan, Barrister, Third Floor St James' Hall Chambers
10.45am to 11.00am Morning Tea
11.00am to 11.45am Essential Terms in Construction Contracts
- Disclaimers of consequential loss and limit of liability provisions
- Indemnities
- Types of insurances
- Extension of time clauses
- Liquidated damages and delay costs
Presented by Lou Stojanovski, Director, Keystone Lawyers
11.45am to 12.30pm Prohibition Orders and Developers who are Obliged to Build to a Proper Standard
Examine clauses in a contract for the sale of land by a developer. Such clauses include:
- Promises to build to a particular standard, e.g. in a proper and workman like fashion; in accordance to plans approved by council
- Consider the nature of such clauses: Are they essential? Consider what the remedies might be for breach
Presented by Sydney Jacobs, Barrister, Thirteen Wentworth Chambers
12.30pm to 1.15pm Lessons Learnt for Construction Lawyers in the Wake of COVID
- A recap of the 2020/21experience and significant legal developments
- The current state of play and post COVID recovery
- Lessons learned from the pandemic
- Changes in the built environment
Presented by Keith Redenbach, Principal, Redenbach Legal
Session 2
CPD Compulsory Units for Building & Construction Lawyers
Chair: Frank Hicks SC, Greenway Chambers
Ethics & Professional Responsibility
2.00pm to 3.00pm Ethics in the Practice of Construction Law
Join an experienced panel as they discuss practical examples of ethical situations construction lawyers may face, such as:
- Communications between lawyers
- Standards expected of a solicitor during commercial bargaining, negotiations and legal drafting
- Claims preparation
- Breaches of client confidentiality
Presented by Sheldon Garcia, Partner, Amani Abou-Jabein, Associate, and Akash Bhattacharjee, Solicitor, HWL Ebsworth
Practice Management & Business Skills
3.00pm to 4.00pm Project Managing Apartment Building Defect Matters
- Dealing with owners corporation clients
- Managing the investigations and evidence: key considerations & how to best work with clients
- Project managing processes and time frames & communicating them to the client
- Staying on the same page with your client and managing expectations: Suggestions for settlement of the claim
- Controlling legal costs
Presented by Linda Holland, Partner, Eakin McCaffery Cox
4.00pm to 4.15pm Afternoon Tea
Professional Skills
4.15pm to 5.15pm The Building Consultant’s Guide to Common Construction Defects and Products: What a Lawyer Needs to Know
- An Experts explanation of common construction defects
- Explaining different products, Code marks, and the importance of manufacturers' installation
- The Expert’s input into the practical side of a defect claim and conclave evidence
- Briefing and selecting an expert
- Helping the OC or client understand the defect claim process
Presented by Stan Giaouris, Principal Building Consultant, The Construction Adviser; Lecturer, Faculty of design, Architecture and Building, University of Technology Sydney
Presenters
Vera Culkoff
Vera Culkoff graduated in law from the University of Technology, Sydney in early 1990 with First Class Honours and the University Medal. Her practice is in commercial law and equity, with an emphasis in building and construction disputes. Such proceedings have commonly involved complex contractual disputes, misleading and deceptive allegations and the Building and Construction Industry Security of Payment Act 1999 (NSW). She has experience in class actions, having been involved in commercial class actions against Westpac, ANZ, AMP and GIO. Vera has been involved in litigation on both sides of the fence: having worked at Clayton Utz doing defence work before joining Cashman & Partners and becoming an equity partner (now Maurice Blackburn). She was called to the Bar in 2000.
Tom Davie
Tom is one of Sydney’s most experienced and respected construction law barristers. He is the author of the Annotated Home Building Act and a co-author of Understanding Construction Law. He regards building and construction law as a branch of commercial law. Before coming to the bar in 1998 Tom practiced as a solicitor and partner involved in building and construction, commercial, and planning law at major legal practices across three jurisdictions.
Carlos Mobellan
Carlos is a barrister who specialises in building cases with an emphasis on matters arising under the Home Building Act 1989, the Building and Construction Industry Security of Payment Act 1999 and the Strata Schemes Management Act 2015. Carlos was admitted as a solicitor in 1997 and was called to the Bar in 2004 where he was awarded the Bar Practice Course prize. Carlos has appeared for and against home owners, Owners Corporations, builders, government agencies and property development companies.
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.
Sydney Jacobs
Sydney Jacobs is a barrister at 13 Wentworth Chambers. He read for his LL.M at Cambridge and has a commercial equity practice encompassing property, partnership, corporate law and building & construction disputes. Sydney has gained expertise in easements involving both Torrens and Old System land, leasing matters, contracts for the sale of land including off-the-plan, notices to perform and to complete, rescission/ termination /specific performance /relief against forfeiture/ claiming the return of deposits, options/rights of first refusal, and strata disputes. A list of his many cases and publications is to be found on his 13 Wentworth Chambers website.
Keith Redenbach
Keith Redenbach partner of and leading large teams at several Infrastructure, Projects & Government law firms. Considered a leading expert in his field, Keith has advised Australian and international principals, contractors and consultants across a range of projects including resources, mining, infrastructure, services and transport. Keith has over 20 years of experience working in the legal profession, most of which has been dedicated to major infrastructure projects, which invariably involves both commercial law and litigation. Keith has direct experience advising the NSW Government on roads, rail, bus and other significant transport infrastructure projects. Keith also has substantial experience acting for the private sector in these projects, and has worked on dual engagements with other law firms.
Frank Hicks SC
Frank Hicks SC was called to the Bar in 2003 and appointed Senior Counsel in 2017. He is generally briefed in commercial matters, and primarily engaged in technology and construction disputes concerning commercial, industrial and infrastructure projects, and large-scale residential developments. Frank has been briefed to appear in the Federal Court, and in the courts and tribunals of New South Wales, Queensland, Victoria, South Australia and the ACT. In addition, he has appeared in domestic and international arbitrations, and advised and appeared in other forms of alternate dispute resolution, including mediation and expert determination. Since 2014, Doyles Guide has ranked Frank as a leading junior counsel in construction law, in both NSW and Australia.
Sheldon Garcia
Sheldon Garcia is a Partner in HWL Ebsworth’s Building and Construction group in the Sydney office. Sheldon’s focus is on dispute resolution and litigation and has worked with a range of participants in the construction industry including builders, developers, building professionals, expert witnesses, strata schemes and proprietors. Sheldon has been closely involved with the project management and internal legal teams of several major contractors, including being seconded twice to assist in the preparation of significant claims to the principals of the projects. Sheldon has over 15 years of experience regarding residential building, building defects, Home Building Act and home warranty insurance disputes and has acted for owners corporations/strata schemes, builders, developers, architects and subcontractors.
Amani Abou-Jabein
Amani Jabein is an Associate in HWL Ebsworth Lawyers' Construction and Infrastructure group in the Sydney office. Amani primarily works in the dispute resolution and litigation sphere and has worked on a range of matters including for home owners, builders, developers, strata schemes and building professionals. Prior to joining HWL Ebsworth Lawyers, Amani worked at a boutique firm and was involved in a number of legal spheres, including building and construction law, family law, insolvency law and banking and finance law. Outside of work, Amani enjoys watching the NSW Building Commissioner, David Chandler OAM's LinkedIn videos about the pitfalls in the construction industry and what can be done to fix them.
Akash Bhattacharjee
Akash Bhattacharjee is a solicitor in the Sydney Construction and Infrastructure group at HWL Ebsworth. Akash is also an Executive Councillor of NSW Young Lawyers, the largest body of young and newly practising lawyers and law students in Australia. He has previously been Highly Commended for NSW Young Lawyer of the Year by the Honourable Justice Fabian Gleeson SC, Judge of the NSW Court of Appeal. Akash holds a Bachelor of International and Global Studies with first class honours and Bachelor of Laws from the University of Sydney.
Linda Holland
Linda is a Partner at Eakin McCaffery Cox. With more than 20 years of specialised practice, Linda provides expert legal advice on all aspects of the construction industry, including project documentation, construction claims and disputes, defect and property damage claims, and strata issues. Linda is well known for her skills in managing large and complex disputes and she brings a practical and commercial approach to dispute resolution. Linda has also been at the forefront of high profile cladding and defect claims involving large and small residential developments
Stan Giaouris
Stan Giaouris is the Principal Building Consultant at The Construction Adviser (TCA) and has a Bachelor of Building in Construction Management. Stan has 22 years of construction experience. From all aspects including luxury housing, commercial, aged care, defense, education, government and multi dwelling. He lectures at UTS in the Faculty of Design Architecture and Building, as well as being the Vice President of the Local Branch of the Master Builders Association. Stan and his team of experts provide litigation expert witness reports for general building and waterproofing defects, as well as remediation design, onsite Quality Assurance (QA) inspections, project management services and design development.
Venue
Cliftons - Spring Street
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Parking Information
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km