Building and Construction Disputes & Risk Management
Issues covered include: Construction disputes, building award, underpayments, accessorial liability, insolvency, ipso facto, extensions of time, time bars, concurrent delay, construction insurance
Description
Today’s construction industry brings with it a range of complex matters that require attention and examination. Gain useful strategies to avoid disputes and vital updates on insolvency, insurance, contracts and employment issues. Keep pace with the key issues and developments shaping today’s building and construction sector so that you’ll be prepared for every issue your clients or your organisation may face in the coming year.
Attend and earn 4 CPD points in Substantive Law
This seminar was recorded in VIC on 15 March 2019
Chair: Sarah Adams, Investment Manager – Diligence, Augusta Ventures (Australia) P/L; Leading In-House Construction & Infrastructure Lawyer, Doyle’s Guide 2017
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: Avoiding Disputes in Construction Projects
- Common causes of disputes
- The consequences of a dispute arising
- Steps to take prior to signing the contract to avoid disputes
- What to do to avoid conflict after signing the contract
- Minimising the impact of a dispute on a project
- Various dispute resolution mechanisms available to parties to a dispute
Presented by Elias Giannakopoulos, Partner, Giannakopoulos Solicitors; Recommended Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2018
9.50am to 10.35am: Building Award Underpayments and Accessorial Liability under the Fair Work Act
- Contraventions of the Building Award
- Key case developments
- Personal liability for underpayments under the Fair Work Act 2009
- Regulatory powers to investigate and prosecute claims
Presented by Christopher Charalambous, Senior Associate, Maddocks
10.35am to 11.20am: Insolvency in Building and Construction and the New Ipso Facto Regime
The Building and Construction Industry Security of Payment Act 2002 (Vic) was introduced to ensure cash flow and curb insolvency and the new ipso facto regime prohibits construction contract termination, solely based on insolvency. We will consider:
- The benefits and limitations of the new regime
- The implications of the new regime for the non-insolvent party
- What it now means for practitioners advising on construction contracts
Presented by Mitchell Grady, Barrister, Svenson Barristers
Prepared by Paul Woods, Partner and Sam Kingston, Senior Associate, Maddocks
11.20am to 11.35am Morning Tea
11.35am to 12.20pm: Extensions of Time: Time Bars and Concurrent Delay
- Are time bars enforceable?
- What is concurrent delay?
- Latest cases on concurrent delay
- How to draft concurrent delay and time bar clauses that work
Presented by Sean Kelly, Special Counsel, Clayton Utz
12.20pm to 1.05pm: Construction Insurance: What You Need To Know
- What you can claim; the definition of damage
- Defects and defect exclusions and how they work
- Principles of indemnity and subrogation
- Joint Insurance and the effect on rights under a construction contract
Presented by Sophy Woodward, Special Counsel, HFW
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair