Building and Construction: Dispute Resolution Strategies
Arm yourself and your practice with the best strategies for successfully avoiding and handling construction disputes. Our expert panel will guide you through the latest critical cases and lessons learnt. Attend and master the tools necessary for risk allocation and risk management, contractor, and subcontractor Insolvency and see yourself armed and ready to determine the most appropriate resolution for construction disputes: Mediation, Adjudication, Litigation or Arbitration. WEB226N30
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Danny Feller SC, Edmund Barton Chambers
9.00am to 10.00am A re-evaluation of construction contractual risk allocation and risk management processes during the COVID-19 pandemic era
In light of the COVID-19 pandemic, key players in the construction industry have been forced to re-evaluate their approach to risk. This session will cover the following topics:
- The risks arising out of the COVID-19 pandemic and their impact upon key players in the construction industry
- Approaching the lack of contractual safeguards for COVID-19 related risk present in standard form construction contracts
- Supply chain risks, mitigation approaches and the ongoing impact upon the construction industry
- Labour market risks, mitigation approaches and the ongoing impact upon the construction industry; and
- The key lessons learnt in construction contracting as a result of the COVID-19 pandemic
Presented by Rebecca Mathews, Lawyer, Gilbert + Tobin and Daniel Nixon, Lawyer, Gilbert + Tobin
10.00am to 11.00am Critical Construction Cases
In this session, we will discuss recent cases of significance that involve consideration of a novel point, clarify an important rule, or present an interesting development, which may have practical implications for the construction industry.
Presented by Pip Goldman, Partner, Jones Day and Eunice Lim, Associate, Jones Day
11.00am to 11.15am Break
11.15am to 12.15pm To Mediate, Adjudicate, Litigate or Arbitrate: Selecting the Appropriate Resolution Forum for a Construction Disputes
Parties in a construction dispute often have a number of resolution options available. The most appropriate method may change depending on the project and technical complexity of the subject matter to resolve. This session will cover:
- Laying the foundations for success with an effective dispute resolution clause
- Taking proportionate response strategies in a cost efficient, solution driven way
- Weighing up the advantages and disadvantages of the dispute resolution options
- Finding the optimal way forward
Presented by Amy Dunphy, Special Counsel, Norton Rose Fulbright Australia
12.15pm to 1.15pm Contractor and Subcontractor Insolvency: Key Issues
- What are the likely warning signs?
- At what stage is the project?
- Analysis of key contractual provision: Incl. security, Security of Payment, setoff & default
- Mechanisms to complete the works: Domestic & non-domestic building
- Industrial relations
- How the industry standard forms differ in approach?
- Affect on warranties
Presented by Andrew Denehy, Partner, Gadens
Presenters
Danny Feller SC
Danny is a leading senior counsel specialising in construction, infrastructure and insurance law. He is an experienced litigator of long standing, having been in continuous practice at the NSW bar since the date of his admission. Over that time, he has practised in a wide variety of fields and jurisdictions, including common law, equity and appellate work. He is also a mediator and is experienced in alternate dispute resolution. He has been recommended in Doyles as a Leading Construction & Infrastructure Senior Counsel. He has served as a NSW Bar Association approved arbitrator for the District and Supreme Courts. Danny also served as Head of Chambers and Chairman of the board of Edmund Barton Chambers until his recent retirement from that position.
Rebecca Mathews
Rebecca is a construction lawyer in the Energy + Infrastructure team in Sydney. Rebecca’s experience includes advising construction and infrastructure clients in the private and public sectors in relation to dispute strategy, preparation and alternatives to dispute resolution. Rebecca has experience in domestic and international arbitrations and conducting disputes in domestic State and Federal Courts.
Daniel Nixon
Daniel is a senior construction and infrastructure lawyer at Gilbert + Tobin. Daniel has extensive experienced in multi-party litigation and alternative dispute resolution in the construction and infrastructure space. Daniel also has significant experience running complex matters associated with the security of payment legislation including adjudications, judicial review applications, statutory debt proceedings and enforcement actions.
Pip Goldman
Pip Goldman is an experienced litigator whose practice focuses on construction and engineering disputes, particularly within the energy and resources sector and on major infrastructure projects. Pip has experience acting in complex international and domestic arbitration, litigation, and adjudication, as well as advising on contract management and claim resolution throughout the life cycle of a project. She has acted for principals, contractors, and engineers in disputes relating to the construction of mines, ports, rail, pipelines, roads, and tunnels. Prior to joining Jones Day in 2016, Pip acted on international arbitrations under the ICC, UNCITRAL, and SIAC rules in relation to complex construction disputes arising out of coal, iron ore, and natural gas projects.
Eunice Lim
Eunice Lim's practice focuses on complex construction and engineering disputes, particularly within the oil and gas, mining, energy, and resources sectors. Eunice has experience acting in domestic and international arbitration (IAMA, ICC, and UNCITRAL rules), adjudication, mediation, and litigation, as well as advising on managing and resolving claims involving defective work, extensions of time, variations, liquidated damages, and security of payment. She has acted for project principals, contractors, and other companies on large construction and infrastructure projects involving natural gas pipelines, iron ore, gas processing facilities, water treatment plants, rail, and commercial buildings. Eunice is a co-convenor of the Society of Construction Law (SocLA) Young Constructor's Committee in Queensland and a member of the National Women in Construction Law (NAWIC).
Amy Dunphy
Amy Dunphy is a highly experienced construction, projects and infrastructure lawyer who provides complex advice to a wide range of private and government clients on both front and back end matters. Amy has very extensive disputes experience and is strongly committed to taking a practical and commercial approach to suit her client's individual goals and having regard to the specific claim(s). Amy has acted in a wide range of complex international and domestic arbitrations, in proceedings in various Supreme Court jurisdictions and in relation to security of payment claims and adjudications in various Australian States. Amy is also a recognised National leader in the emerging areas of future transport, automation and digital infrastructure.
Andrew Denehy
Andrew has practised extensively in construction and development law for more than 30 years, and has extensive experience in representing clients in expert determinations, mediations, arbitration and litigation. Andrew is an expert in preparing and negotiating all types of agreements and documentation for building and engineering projects. He frequently advises on and prepares amendments to the industry standard form contracts as well as project or client specific contracts, representing institutions, investors, financiers, developers, contractors and consultants, and advises on all relevant and applicable legislation. Andrew has completed arbitration and mediation courses, and is a Grade 3 Arbitrator for the Institute of Arbitrators and Mediators Australia. Since 2019, each year Andrew has been nominated and selected as a Best Lawyer in the area of Construction/Infrastructure Law by Best Lawyers Australia.