Building and Construction Law: Contracts and Disputes
This disputes-focused construction law program will have you mastering all the necessary information. Join a curated roundup of construction lawyers as they take you through the Security of Payment Act, liability, red flag risks in construction contracts, & key tips and tricks. Gain critical knowledge in managing the relationships between the superintendent, consultant, QS and lender. Attend and mitigate risk in your practice. 223W13
Description
Attend and earn 3.5 CPD points including:
3 points in Competency Area 4: Substantive Law
0.5 point in Competency Area 2: Professional Skills
This program is based on WA legislation
Chair: Scott Ellis, Barrister, Francis Burt Chambers
RISK ALLOCATION IN CONSTRUCTION CONTRACTS
1.45pm to 2:25pm Red Flag Risks in Construction Contracts: Drafting and Negotiating Tips
- Key clauses to be aware of when advising on or drafting a construction contract
- Allocation of risk: consequential loss, termination, indemnities, caps on liability, liquidated damages, standard of care, security
- Considerations when acting for the principal and for the contractor
- Practical drafting tips to manage insolvency and COVID-19 impacts
Presented by Melissa Koo, Senior Associate, Squire Patton Boggs
Competency Area 2: Professional Skills
2.25pm to 3.05pm 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; Recommended Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2020
3.05pm to 3.45pm Controlling Liability: Indemnities and Limitations on Liability
- What is the difference between a regular contract term and an indemnity?
- What are the additional protections offered by indemnities?
- How should liability be appropriately limited in constructions contracts? Caps, exclusions from the caps, consequential loss, proportionate liability
Presented by Tom French, Partner, MinterEllison; Best Lawyers 2022, Construction & Infrastructure Law; Recommended Commercial Litigation and Dispute Resolution and Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2021 and Zubayr Abrahams, Associate, MinterEllison
3.45pm to 4.00pm Afternoon Tea
CONSTRUCTION DISPUTES EXAMINED
4.00pm to 4.45pm Construction Disputes in the Post-COVID Era
- Trends in execution of construction projects post-COVID
- Pressures and constraints on labour and materials
- Key risks for disputes in the post-COVID environment and strategies to manage risk
- Governing law, jurisdiction and arbitration
Presented by Beth Cubitt, Partner; Best Lawyers 2022, Construction & Infrastructure Law; Leading Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2021; Recommended Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2020 and Tom Webb, Partner, Clyde & Co
4.45pm to 5.30pm Navigating the Building and Construction Industry (Security of Payment) Act 2021 (WA)
- Overview of the new security of payment regime in WA which has replaced the Construction Contracts Act 2004 (WA)
- Identifying the key areas of change, with a focus on the implied and prohibited terms
- Case law on interpretation of the new security of payment regime
- Tips and tricks to assist you and your clients with navigating the new security of payment regime
Presented by Minoshi De Silva, Special Counsel, King & Wood Mallesons, Juliana Jorissen, Partner, King & Wood Mallesons; Best Lawyers, 2022, Construction & Infrastructure Law; Leading Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2021
Presenters
Scott Ellis
Scott Ellis practices as a barrister at Francis Burt Chambers in Perth and as an arbitrator, adjudicator and mediator. He is accredited to NMAS standards as a mediator. Before joining the Bar, he was a partner of Freehills for a number of years. He is a grade 1 arbitrator and a Fellow of Resolution Institute and a Chartered Arbitrator and Fellow of the Chartered Institute of Arbitrators. He is also a Fellow of the Australian Centre for International Commercial Arbitration. He is the Chair of the WA Society ADR Committee. He is a Senior Sessional Member of the State Administrative Tribunal and the current Acting Corruption and Crime Commissioner.
Beth Cubitt
Beth Cubitt is a partner in Clyde & Co Australia's projects and construction group, in Perth. Beth specialises in construction and engineering law with a focus on energy, infrastructure and mining. Beth specialises in construction dispute resolution, international commercial arbitration and cross-border disputes (claims management, mediation, expert determination, litigation and arbitration). She has recently advised clients on a number of high profile construction and mining projects in Western Australia. Her expertise also includes advising on cross-border transactions, organising project structures and drafting contract documents. Beth is a national councillor of the Australian branch of the Chartered Institute of Arbitrators and is a Fellow of the Chartered Institute of Arbitrators, Institute of Arbitrators and Mediators Australia and Australian Centre for International Commercial Arbitration.
Tom Webb
Tom Webb is a partner in the Clyde & Co projects and construction team in Perth. Much of Tom's work is cross-border in nature and involves large projects or transactions, especially in the energy, mining, infrastructure and outsourcing fields. Tom is also experienced in the use of mediation and expert determination. For several years (2006-13), he practised international arbitration and litigation in London at a top-tier law firm. He is admitted to practice in England and Wales, New South Wales and Western Australia. He is qualified as a Solicitor-Advocate (Civil) in England.
Richard Wilenski
Richard is a Partner of Tottle Partners and was admitted to practice in Western Australia in 1989. 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 dispute resolution of contract claims, through mediation, arbitration and court processes, including international arbitrations
Minoshi De Silva
Minoshi De Silva is a Special Counsel in the Perth Dispute Resolution team of King & Wood Mallesons. She specialises in construction and infrastructure dispute resolution and arbitration. She acts for both principals and contractors on a variety of airport, hospital, gas and resources projects across Australia. Minoshi provides strategic advice and assists her clients in the management, negotiation, resolution and settlement of disputes arising on large scale construction projects, including the preparation of contractual claims and adjudication applications across a variety of Australian jurisdictions. Minoshi has appeared in court hearings and mediations in the District, Supreme and Federal Courts of Western Australia, as well as representing her clients in domestic and international institutional and ad hoc arbitral proceedings.
Juliana Jorissen
Juliana Jorissen is an experienced litigator specialising in the area of construction and commercial dispute resolution. She is known for her international multi-party insight, collaborative approach and commercial thinking, assisting clients in the development of issues identification and claims management strategies and advising on complex contractual and non-contractual disputes. She has acted on various disputes relating to oil and gas projects, major commercial and residential developments, rail and port operations, airports and electricity disputes. She has appeared before tribunals and various courts in Western Australia, Singapore and England. While experienced in every aspect of dispute resolution, she specialises in achieving commercially sensible outcomes via alternative dispute resolution methods including adjudication, mediation and arbitration.
Tom French
Tom is a Partner at MinterEllison in Perth. Tom specialises in commercial dispute resolution (including litigation, arbitration, and adjudication) in projects & construction, energy & resources, and professional practices. He regularly advises contractors, principals, and engineers on major infrastructure disputes in respect to the construction of infrastructure on significant mining and resources projects in the Asia Pacific region and Africa, and in respect to the construction of significant commercial projects in the Perth metropolitan area. Tom has appeared in all superior courts in Western Australia and New South Wales, and the Federal Court and Full Federal Court of Australia, on appeals, trials, and interlocutory matters. He has also appeared in the High Court of Australia.
Melissa Koo
Melissa Koo is a Senior Associate at Squire Patton Boggs. Melissa is a specialist construction lawyer with extensive experience in representing clients on major Australian and international construction, energy and infrastructure projects. She has advised on high value disputes involving complex legal, engineering and construction issues. She has experience acting for Australian and international clients in all dispute resolution forums, including international arbitration, litigation, mediation and adjudication.
Zubayr Abrahams
Zubayr Abrahams is an Associate in the Projects, Infrastructure and Construction team at MinterEllison. Zubayr specialises in commercial dispute resolution, including litigation, arbitration, adjudication and alternative dispute resolution primarily focused on projects, infrastructure and construction. Zubayr holds a Bachelor of Arts in English and History from the University of Cape Town, a Bachelor of Laws (Honours) from Murdoch University and a Master of Laws (Distinction) from the University of Western Australia. Zubayr is also a co-convenor of Australian Lawyers for Human Rights.
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.