Major Projects: Minimising Risk
Australia is an exciting place to be with infrastructure investment set to soar with the value of the state’s major construction and engineering future project pipeline set to reach $62 billion across the next five years. Join an exceptional panel as they discuss force majeure clauses, insurance issues and alternative dispute resolution for major projects. Get Brisbane Olympics ready discussing procurement methods, licensing issues, legislative changes, bidding practices and skills shortages. WEB226Q03
Description
Attend and earn 3 CPD units in Legal Knowledge
This program is applicable to practitioners from all States & Territories
Chair: Sian Newnham, Partner, Herbert Smith Freehills; Recommended Front End Construction & Infrastructure Lawyer, Doyle’s Guide 2020
9.00am to 10.00am Beyond Your Control? Force Majeure Relief in a 2022 World
As the repercussions of COVID-19, including labour shortages and supply chain issues, continue to be felt globally in 2022, contractual performance is being strongly tested.
Commercial parties are looking to their force majeure clauses, as well as the common law principle of frustration, to consider whether performance of their obligations can be suspended or delayed, or contracts wholly terminated.
In this session, Aleisa Crepin and Emily Ng of Baker McKenzie will cover:
- Force majeure clauses
- Frustration
- Delay and postponement
- Other remedies for delay
- Tips and traps for drafting, and exercising rights under, force majeure and other relief clauses
Presented by Aleisa Crepin, Partner, Baker & McKenzie; Recommended Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2020 and Emily Ng, Senior Associate, Baker & McKenzie
10.00am to 11.00am Insurance Issues in Major Projects
- Relationship between insured risk and contractual risk
- Issues with project-based coverage
- Coverage for delay
- Issues with coverage for defects
Presented by Collin Harris, Partner, HWL Ebsworth
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Alternative Dispute Resolution
- Dispute avoidance – some key tips
- When is alternative dispute resolution appropriate?
- Assessing the various dispute resolution mechanisms?
- Expert determination
- Arbitration
- Mediation
- Dispute resolution boards
- Does the dispute resolution clause in the contract capture the dispute?
- Does the dispute resolution clause in the contract make the determination binding?
Presented by Troy Lewis, Partner, Holding Redlich; Leading Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2021, 2020, and Kirsty Smith, Partner, Holding Redlich
Presenters
Sian Newnham
Sian Newnham is a partner in the Energy and Resources team at Herbert Smith Freehills. Sian specialises in advising clients in the mining, energy and infrastructure sectors. In the mining and energy sector, Sian advises clients on construction projects for the development and expansion of assets and also regularly assists with operational matters. In the infrastructure sector, Sian has particular experience in relation to port and rail assets. Sian has worked on greenfield project development and brownfield expansion projects for mines, power stations, LNG plants, solar farms and port and rail infrastructure throughout Australia and in Asia. Sian also regularly advises on large scale procurement activities for mining operations, for items such as mobile mining equipment and haul trucks and key consumables such as diesel. Sian’s experience also includes advising on infrastructure access regulation.
Aleisa Crepin
Aleisa Crepin is an experienced construction lawyer and provides a full range of operational and project delivery advice, disputes avoidance and dispute resolution services. Aleisa has over 15 years experience advising clients in the construction and major projects industry. She has advised on some of the most significant construction projects in Queensland including the ongoing CSG-LNG Upstream projects.
Emily Ng
Emily is a senior associate in the Construction and Major Projects group. She advises principals and contractors in the energy, resources, infrastructure and manufacturing sectors. Her work extends across the project lifespan, from preparation and negotiation of contracts, through to contract administration and project delivery advice, and assistance with claims and disputes. She regularly acts in court proceedings and other forms of dispute resolution, including mediations, expert determinations and security of payment adjudications. She also has experience in a range of transactional matters. She prepares and negotiates contracts for principals, contractors, consultants and suppliers on major infrastructure projects, renewables projects and commercial developments.
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.
Troy Lewis
Troy is the National Head of the Construction, Infrastructure and Projects team with over 20 years industry experience. Troy specialises in project delivery, risk mitigation and avoidance and construction disputes in all states and territories of Australia. Troy is a recognised industry leader in relation to the security of payment legislation Australia wide and his experience acting on behalf of both Claimants and Respondents as well as training industry participants and adjudicators ensures that he and the entire Holding Redlich construction, infrastructure and projects team are always across the tips, tricks and traps that exist in the legislation and are always one step ahead. In 2018 Troy was appointed by the State Government as a panel member of the Building Industry Reforms Implementation and Evaluation Panel.
Kirsty Smith
Kirsty Smith has been a key member of the firm’s Building and Construction practice for 14 years, and is an experienced construction dispute lawyer and front-end lawyer. Kirsty has been recognised as a thought leader in the Autumn 2021 Mondaq Thought Leadership Awards for Australia in Arbitration & Dispute Resolution. Kirsty’s experience includes advising on risk and drafting agreements for developers and contractors, and advising, negotiating, and acting in court proceedings, adjudications and alternative dispute resolution proceedings on construction disputes involving multi-national companies, mining companies, engineers, property developers and contractors. Kirsty works as part of a focussed team to successfully achieve objectives set by clients, including coordinating high pressure adjudication proceedings and instructing junior and senior counsel in both the State and Federal System. Her understanding and interest in our client’s business and projects helps her to achieve the best result possible for our clients. Kirsty’s contribution to the successful outcomes obtained by our clients in major construction and infrastructure disputes is founded on her dedication to our clients as well as her pragmatic approach to advising on strategies to overcome obstacles.