Building and Construction Review 2022
Be prepared for the next wave of construction disputes by attending this comprehensive seminar. Gain critical knowledge on project and retention trust accounts, performance security and the latest in contract termination, delay and force majeure. Develop expertise to skilfully manage defective works claims and to effectively work with expert witnesses including sequential, memorial and hybrid arbitrations, as well as timing and scope considerations in joint reports. 223Q14
Description
Attend the full day and earn 4 CPD units including:
3 CPD units in Legal Knowledge
1 CPD unit in Professional Skills
This program is based on QLD legislation
Chair: Janelle Kerrisk, Co-Founder and CEO, Helix Legal
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Project and Retention Trust Accounts: What the Industry Needs to Know
- Project Bank Accounts to trust accounts: How did we get here?
- Who is caught? What work and structures is not caught by trust accounts?
- How do I comply? What trustees and the finance team need to know
- Retention trusts
- Tips for contract drafting; consequences of non-compliance
Presented by Colin Harris, Partner, HWL Ebsworth
9.50am to 10.35am Managing Experts: A Difficult Proposition
- The brief, instructions, and the impact of assumptions
- Approach to staggering expert evidence deliverables
- The dirty expert
- Report style, content and drafting
- Sequential, memorial or hybrid arbitrations
- Joint reports: timing and scope considerations
Presented by Graham Topp, Expert Witness, Diales
10.35am to 10.50am Morning Tea
10.50am to 11.35am Performance Security: Preserving & Protecting Against the Right to Have Recourse to Security
- Contract drafting
- Injunction applications
- No-injunction provisions
- Notice requirements
- Statutory requirements
- Strategies adopted
Presented by Thomas Mckillop, Special Counsel, Thomson Geer
11.35am to 12.20pm Current Issues in Contract Termination, Delay and Force Majeure
- Risks and consequences of contractual termination
- Force majeure and frustration: lessons from the COVID-19 experience
- Limitations on liquidated damages
- Proof of delay
Presented by Brett Heath, In-house Advocate, Carter Newell
Professional Skills
12.20pm to 1.15pm Defective Works in Construction Projects
- Practical tips for dealing with defective works
- Rights and obligations under construction contracts in relation to defective works
- Assessment of damages for defective works
- Limitation periods for defective works
Presented by Greg Richards, Partner, Building Construction & Infrastructure, Mills Oakley; Best Lawyers 2022, Construction & Infrastructure Law; Recommended Construction & Infrastructure Lawyer, Doyle's Guide 2021
Presenters
Janelle Kerrisk
Janelle is a building and construction lawyer by trade with over 18 years’ specialist experience. Throughout her career she has worked with the industry regulators to take action against rogue builders, contractors, architects and engineers to bring about an improved playing field. She has a keen interest in dispute resolution and has highly developed analytical and problem solving skills.
In 2016, after 6 years as an equity partner in a national law firm Janelle co-founded Helix Legal a team of specialist construction and energy lawyers with a view to bringing together business and legal expertise to provide innovative solutions for clients. In 2021 Helix Legal was the winner of the Lawyer’s Weekly Women in Law Award for Innovator of the Year.
Janelle is eager to continue to produce fresh ideas for clients through the application of her specialist knowledge to technology enhanced solutions. She is passionate about the future of law and how change can positively impact clients.
Colin Harris
Colin Harris has 14 years of experience in front-end and back-end construction for HWL Ebsworth's Construction and Infrastructure group. Colin holds a Masters of Construction Law and his experience encompasses contract drafting and negotiation, project management, contract administration, litigation and other forms of dispute resolution. He has prepared the construction contracts and associated tender and project agreements for many of the high rise projects across the Brisbane skyline, together with agreements for commercial, industrial and infrastructure projects. He has prepared and defended complex payment claims made under Security of Payment legislation in several States and in litigation arising from adjudications. He regularly advises on compliance with regulation in the industry, including in respect of corporate reconstructions and public listings.
Greg Richards
Greg Richards is a partner in the Building, Construction and Infrastructure group of Mills Oakley in Brisbane. With over 26 years’ experience in legal practice, he is highly experienced in litigation, expert determination, mediation and security of payment. Greg has acted for principals, contractors, subcontractors, consultants, insurers and liquidators giving him a broad range of experience and giving him a unique perspective on disputes in the construction industry and an understanding of the drivers and concerns of different parties. Greg uses legal processes to full effect to achieve strategic outcomes for clients. Greg has been described in The Legal 500 Asia Pacific as ‘one of the best in the Brisbane market’ and as ‘detailed, easy to work with.’
Thomas McKillop
Thomas McKillop works in the Construction team at Thomson Geer. He has more than ten years’ experience in the building and construction, mining, civil works and energy and resources industries. Thomas has market-leading experience in security of payment legislation across all jurisdictions. He has acted for claimants and respondents in all aspects of the various security of payment regimes in over 125 adjudications. Clients regard Thomas as a pragmatic adviser whose technical advice is delivered alongside an understanding of the unique commercial pressures and drivers affecting transactions in the construction industry. In addition, Thomas has provided advice in relation to a range of construction and building licensing and compliance issues including for domestic and international clients.
Graham Topp
Graham is a chartered quantity surveyor with the Royal Institution of Chartered Surveyors and a certified quantity surveyor with the Australian Institute of Quantity Surveyors. His areas of expertise include the quantification of defective works and the valuation of delay, disruption and additional work claims. He has strong forensic analysis skills and is absolute in his management of process and procedure. Graham’s extensive knowledge of construction costs, coupled with a detailed understanding of construction law principles, has provided a basis for more than 20 quantum expert appointments. Graham mainly operates from Diales' Brisbane office. He is regularly appointed to quantum matters throughout the Asia-Pacific region, including disputes determined in litigation, arbitration, adjudication, expert determination and mediation. Graham is a member of the Chartered Institute of Arbitrators.
Brett Heath
Brett Heath is an inhouse advocate at Carter Newell Lawyers and has specialised in commercial and insurance litigation since 1988. Having worked inhouse for a specialist professional liability insurer, and completed the Bar Practice Course, Brett now conducts professional liability, large-scale public liability, director’s and officers’ liability, construction and employment litigation. As Carter Newell’s inhouse advocate, Brett appears in all courts and tribunals for the firm’s clients. Brett is a regular speaker on continuing professional development issues, particularly with respect to risk prevention for professionals, developments in insurance and real estate law, commercial drafting techniques and mediation and litigation strategies.
Venue
Sofitel Brisbane Central
Level 2, 249 Turbot Street
Brisbane 4000 QLD
Australia
Parking information
Parking is not included in your registration.
There is parking within the hotel's onsite car park:
0 to 1/2 Hr $17.00
1/2 to 1 Hr $35.00
1 to 2 Hrs $42.00
2 to 3 Hrs $55.00
3 to 4 Hrs $65.00
4+ Hrs $65.00
Motorbikes $10.00
In-house Guests (24hr) $47.00
Valet Parking (24hr) $57.00
Lost Ticket $65.00
Directions
Sole entrance to the hotel from Turbot Street. The doors that lead from Central Station to the hotel will be locked and labeled “Meeting Point”, so guests will know where to start their journey. Displayed will be a QR code that when scanned will play a video of one of Sofitel Ambassadors guiding you to the Turbot Street entrance should you need direction. There is also directional signage installed on the walls & floor within Central Station that will clearly guide you to the hotel. Should you need lift assistance please let Sofitel know your travel details and they will have an ambassador escort you to a lift and into the hotel.
Alternatively, you can enter the hotel via Harelquin Jack (located within Central Station) Monday - Friday, 11:00am - 8:30pm.
For further assistance, please call the hotel on 0468 566 719 and one of the friendly Ambassadors will find you at the Meeting Point to guide you to the entrance.