Building and Construction Forum: New Law, New Disputes, New Claims
Issues covered include: defects, bonds, cladding, delay, disruption, work orders, fitness for purpose, project procurement, insolvency, ipso facto regime, consumer law
Description
Today’s construction industry brings with it a range of complex matters that require your attention. From the significant impact of new safety and defect legislation, the new ipso facto regime and it’s game-changing implications, and the key trends and developments in disputes and claims, there’s a lot that your clients will expect you to be fully across. Gain the latest information and the tactical strategies you’ll need to prevent disputes before they arise or successfully deal with them when they do.
Attend and earn 7 CPD units including:
6 units in Substantive Law
1 unit in Professional Skills
This conference was recorded in NSW on 7 March 2019
Session 1
Building & Construction Disputes and Litigation
Chair: Vera Culkoff, Barrister, Second Floor Selborne Chambers
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: Latest Cases and Trends and the Impact on Your Practice
Start 2019 by being across the very latest developments in building and construction law.
Presented by Melissa Fisher, Barrister, 9 Wentworth Chambers
9.50am to 10.35am: Fitness for Purpose
- Potential liability of builders vis-à-vis, for example, inadequate bolts
- Potential liability of manufacturers/deemed importers of bolts
- The inter-relationship between any fault with, for example, a bolt and the responsibility/liability of the head contractor and the design engineer
Presented by Matthew Smith, Special Counsel, Clyde & Co
10.35am to 11.20am: Delay and Disruption
Claims for delay or disruption are a perennial source of conflict in building and construction projects, whether pressing or resisting such claims. Consider the legal basis for such claims together with the practical aspects of preparing and proving such claims.
Presented by Mark Williams, Barrister, Level 18 Chambers
11.20am to 11.35am Morning Tea
11.35am to 12.20pm: Work Orders in Building Disputes
- Powers and obligations of courts and tribunals
- Practical issues in drafting work orders
- Enforcement of work orders
Presented by Tom Davie, Barrister, Queen’s Square Chambers; author, Annotated Home Building Act, Prospect Media and co-author, Understanding Construction Law, LexisNexis
12.20pm to 1.05pm: Defects Update: Defect Bond Scheme, the Ban on Combustible Cladding and Damages
- Compliance with the Defect Bond Scheme (NSW) and how the market is dealing with it
- New ban on combustible cladding in NSW
- Damages and pure economic loss considerations
- Managing the risk of latent defects
Presented by Emanuel Confos, Partner; Best Lawyers 2019, Alternative Dispute Resolution, Construction/Infrastructure Law, Litigation and Harriet Oldmeadow, Senior Associate, Norton Rose Fulbright
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Risk Management and Legal Skills
Chair: Peter Callaghan SC, Nigel Bowen Chambers
Professional Skills
2.00pm to 3.00pm: Managing the Challenges in Project Procurement
- Scoping your role and the overlap with legal and technical documents
- When to use early contractor arrangements
- Getting the best from consultants and project managers
- Using site and background information in pricing and risk allocation
- Drafting letters of intent to ensure certainty
Presented by Sonya Kroon, Partner, HWL Ebsworth; Accredited Specialist in Commercial Litigation; Recommended Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2017
3.00pm to 4.00pm: Insolvency in Building and Construction and the New Ipso Facto Regime
- What to do if your subcontractor becomes insolvent
- Ipso facto rules and exceptions: the new regime
- Set-off following insolvency and implications of Hamersley v Forge
- Availability of Security of Payment adjudications following Seymour Whyte v Ostwald
- Security of Payment reforms on the horizon
- Drafting and other tips
Presented by Lina Fischer, Partner; Best Lawyers 2019, Construction/Infrastructure Law; Recommended Front End Construction & Infrastructure Lawyer, Doyle’s Guide 2018 and Jack Fan, Special Counsel, Clayton Utz
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm: The Australian Consumer Law and Construction Claims: Are They Last Resort Claims?
- The rise of claims for misleading or deceptive conduct and unconscionable conduct in construction disputes
- Are these claims of last resort or are they starting to become mainstream?
- What role if any do the provisions for unfair contract terms have to play?
Presented by Laina Chan, Barrister, 2 Selborne Chambers; Member of Melbourne TEC Chambers and Director and Secretary of the Society of Construction Law Australia