Building and Construction Update
Issues covered include: Case update, valuation of quantum meruit claims, appeal an arbitral award, Indemnity Clauses and a Carve Out for Proportionate Liability, Delay and Disruption, Insolvency Reforms, the PPSA and the ‘Fiocco’ Report, Security of paymenet for subcontractors, Arbitration, Construction and infrastructure disputes.
Description
In today’s ever shifting and demanding construction industry it’s critical to develop advanced legal, business and communication skills in order to effectively mitigate risk for your clients. Gain useful information on avoiding disputes, hone your dispute resolution skills, plus keep pace with key structural developments shaping the sector.
Attend and earn 4 Points in Competency Area 4: Substantive Law
This seminar was recorded in WA on 12 March 2019
Chair: Adrienne Parker, Partner, Pinsent Masons; Leading Front End Construction & Infrastructure Lawyer, Doyle’s Guide 2018; Best Lawyers 2019, Construction/Infrastructure Law and Litigation
9.00am to 9.50am: Latest Cases and Trends in the Building and Construction Industry
In 2018 the construction industry continued its trend of producing plenty of disputes. Catch up on recent cases and revisit:
- The proper approach to valuing quantum meruit claims
- When a party might have recourse to the courts to appeal an arbitral award, set aside an award or resist an application to enforce an award
Presented by Simon Majteles, Barrister, Francis Burt Chambers
9.50am to 10.35am: Indemnity Clauses and a Carve Out for Proportionate Liability
- The nuances of indemnities: getting them right
- Common mistakes and drafting tips
- When should indemnities be used?
- The interaction between indemnities and proportionate liability
Presented by Will Coulthard, Partner, Johnson Winter & Slattery; Best Lawyers 2019, Construction/Infrastructure Law and Litigation; Recommended Front End Construction & Infrastructure Lawyer, Doyle’s Guide 2018
10.35am to 11.20am: Delay and Disruption
- Examining the details and the practicalities of delay claims and disruption claims
- Assessing quantum of loss
- The global claim
- Hurdles for successful claims: time bars
Presented by Tom Jacobs, Partner, Projects, Infrastructure and Construction, Jackson McDonald; Best Lawyers 2019, Construction/Infrastructure Law; Recommended Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2018
11.20am to 11.35am Morning Tea
11.35am to 12.20pm: The Impact of Recent Insolvency Reforms, the PPSA and the ‘Fiocco’ Report
- The effect of the recent ipso facto reforms on construction contracts; practical steps
- Recent PPSA decisions with implications for companies in the construction industry that lease or bail goods and equipment
- Protecting ‘step-in’ rights in the event of contractor default
- The Fiocco report: an Overview
- The Fiocco report: security of payment for subcontractors
Presented by Hilary Hunt,Partner, Jackson McDonald; Chambers and Partners Asia-Pacific in Constructions (2018); Best Lawyers Australia in Construction/Infrastructure (2018 and 2019); Legal 500 Asia Pacific in Construction (2016) and Isla McRobbie,Partner, Jackson McDonald; Best Lawyers Australia in Banking & Finance (2018 and 2019)
12.20pm to 1.05pm: Using Arbitration to Resolve Infrastructure and Construction Disputes
- What is it about construction and infrastructure disputes?
- Adapting arbitration to construction and infrastructure
- Efficient dispute resolution
Presented by Scott Ellis, Barrister, Arbitrator and Mediator, Francis Burt Chambers; Accredited Mediator
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair