Construction Law: Defects and Payment Claims
Building defects are more than just a safety hazard. They tarnish reputations and impose significant financial burdens on your clients. Don’t miss this in depth look at defect and payment claims. Consider the practicality of the NSW Government’s Project Remediate. Acquire the most recent information regarding building defects and dissect the most notable cases in 2023. Attend and leave feeling confident when engaging expert witnesses in your next construction dispute. WEB239N11Z
Description
Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Professional Skills
This program is based on NSW legislation
Chair: Frank Hicks SC, Greenway Chambers
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.55am NSW Residential Work: Recent Developments, Trends and Outlook
- Gain an overview and update of Project Intervene
- Implications of the latest developments in the regulatory framework in context of NSW residential defects
- Analyse the impact of current building climate and impact on regulatory framework
- Trends and outlook for NSW residential building sector
Presented by Goran Gelic, Principal, Russell Kennedy Lawyers
A DEEP DIVE INTO BUILDING DEFECTS
9.55am to 10.45am Building Defects Claims: 2023 Update
- Likely parties/clients
- Likely Courts/Tribunals
- Substantive law and procedural law
- Likely claims:
- Plaintiff claims against Builders, Developers; Building Professionals
- Private claims against Strata Plans
- Defendant Cross-claims against Builders
- Builder Cross-claims against Owners
Presented by Carlos Mobellan, Barrister, Third Floor St James Hall Chambers
Professional Skills
10.45am to 11.15am Unpacking Building Defects Research
- What does the research tell us about building defects and what are the research unknowns?
- Understanding the complexities and limitations stifling empirical-based evidence
- Why do we need to carefully evaluate 'research' in this space?
- The next research steps to better understand the nature of building defects
Presented by Dr Nicole Johnston, Director, Strata Knowledge
11.15am to 11.30am Break
11.30am to 12.20pm Security of Payment: Year in Review
- Recent legislative changes & case law developments of note
- Notable trends emerging in security of payment regulation:
- statistics on adjudications
- security/ retention
- time bars
- adjudication review
Presented by Sandra Steele, Partner, K&L Gates; Recommended Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2022; Best Lawyers 2023, Construction and Infrastructure Law, Natalie Hazzard, Special Counsel, K&L Gates and Andrew Blyth, Senior Associate, K&L Gates
Professional Skills
12.20pm to 1.10pm Using Experts in Construction Dispute Matters
- Types of experts in construction disputes and selecting an expert to give evidence
- Instructing experts and privilege
- Drafting expert reports
- Use of “Dirty” experts
Presented by Aaron Bolton, Special Counsel, Wotton + Kearney
1.10pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
Frank Hicks SC
Frank Hicks SC was called to the Bar in 2003 and appointed Senior Counsel in 2017. He is generally briefed in commercial matters, and primarily engaged in technology and construction disputes concerning commercial, industrial and infrastructure projects, and large-scale residential developments. Frank has been briefed to appear in the Federal Court, and in the courts and tribunals of New South Wales, Queensland, Victoria, South Australia and the ACT. In addition, he has appeared in domestic and international arbitrations, and advised and appeared in other forms of alternate dispute resolution, including mediation and expert determination. Since 2014, Doyles Guide has ranked Frank as a leading junior counsel in construction law, in both NSW and Australia. Since 2015, he has been identified in the Chambers and Partners Guide, Asia-Pacific as a Band 1 barrister in Australia for construction and infrastructure disputes, described as "a 'go to' barrister for construction and engineering disputes", having "a clear analytical approach to construction issues", and "a popular choice for construction and technology disputes and offers experience in a range of forums. From 1996 to 2002, Frank was employed at Clayton Utz, Sydney. In 2000, he was appointed the role of Senior Associate in the Disputes division of the Construction & Major Projects Group. From 1993-1996, he was a solicitor with Marsdens, where he worked in general litigation in Campbelltown and Sydney. Frank Hicks SC has been published in the Building and Construction Law Journal and, in 2006, completed the updating and editing of Halsbury's Laws of Australia, Building and Construction title. He has also made presentations for Building and Construction Disputes Workshops, NSW Young Lawyers CLE seminars, and local Law Society CLE seminars. In September 2011, he presented an assessment of the law and risks associated with coal seam gas exploration and extraction (fracking) for the NSW Claims Discussion Group. He is also interested in the law as to expert evidence and, since 2005, has intermittently set and marked the evidence exam for the Admission to the Bar Practice Course.
Goran Gelic
Goran Gelic is a Principal in Russell Kennedy’s Dispute Resolution team with over 11 years’ experience. He is an infrastructure and energy expert, specialising in a range of construction, infrastructure, energy, renewable energy, utilities, water, and waste major projects. Goran is experienced in a variety of contract structures, as well as developing tender packages, and advising on complex procurement issues. He is experienced in the use of Building Information Modelling (BIM) on projects, and has worked with government, designers, operators and contractors on BIM policy and implementation. Goran has also received recognition for his hard work and expertise in this area. Goran was a finalist in the 2019 Australian Law Awards.
Carlos Mobellan
Carlos is a barrister who specialises in building cases with an emphasis on matters arising under the Home Building Act 1989, the Building and Construction Industry Security of Payment Act 1999, the Strata Schemes Management Act 2015 and the Design and Building Practitioners Act 2020. Carlos was admitted as a solicitor in 1997 and was called to the Bar in 2004 where he was awarded the Bar Practice Course prize. Carlos has appeared for and against home owners, Owners Corporations, builders, government agencies and property development companies.
Sandra Steele
Sandra Steele is a Practice Area Leader for K&L Gates' Global Real Estate and Construction practice and a Non-Executive Director for the Royal Institution of Chartered Surveyors (RICS) Oceania World Regional Board. She is an award winning construction lawyer with more than 20 years' experience advising on contentious and non-contentious construction law matters. Her expertise includes contract drafting and negotiation as well as litigation and alternative dispute resolution in the project management, construction, engineering and infrastructure project sectors. Sandra is Co-Chair of the firm's Diversity Committee and she was elected to the firm's Australian Board in 2019. Sandra is an accredited adjudicator with the Royal Institution of Chartered Surveyors (RICS) and Resolution Institute and has determined in excess of 30 adjudication applications since becoming accredited. Her work in the area of security of payment includes successfully defending the first challenge to an adjudicator's determination in the NSW Court of Appeal under the Building and Construction Industry Security of Payment Act 1999 (NSW). Sandra's experience working in-house for Lendlease, one of Australia's largest property groups, has provided her with a commercial approach to advising both Principals and some of Australia's largest construction companies.
Natalie Hazzard
Natalie Hazzard is a special counsel in the real estate group with a focus on construction law. She has more than 18 years' of experience advising and acting for clients in a range of commercial and construction transactions and disputes including: contract drafting and negotiation; contract administration and project management; litigation and alternative dispute resolution such as arbitration, expert determination and mediation. Natalie is particularly adept at working closely with business to resolve complex contracting issues that arise in the construction industry. Her extensive experience in disputes allows her to identify risks and advise on strategies to maximize outcomes for clients.
Andrew Blyth
Andrew Blyth is a commercial and construction disputes lawyer working out of the Perth office. He is a solutions-focused practitioner who gives pragmatic advice tailored to his client's individual needs. Andrew's specialty construction experience extends to acting for a range of project participants on different types of projects across various jurisdictions. He also assists clients with a range of general commercial matters, including contractual disputes, corporate governance and shareholder disputes, tortious claims, property disputes, regulatory matters and misrepresentation claims. Andrew's experience extends to providing strategic project-related advice and acting for clients in a variety of courts, tribunals and other forums.
Dr Nicole Johnston
Dr Nicole Johnston is the Founder and Director of Strata Knowledge, an independent research and consulting firm specialising in strata and community title law and governance. As a socio-legal researcher, Nicole is focused on translating applied research into practice by collaborating with industry to ensure impactful and beneficial outcomes. Nicole started her professional life as a commercial lawyer but for the past 15 years, she has worked as an academic at Australian Universities. Nicole has led a number of research projects on topics including, building defects, strata insurance, strata law reform, fire safety, conflicts of interest, and developer governance responsibilities. She is a regular presenter at industry conferences, consults with governments, and has chaired numerous international forums. Nicole holds degrees in psychology, criminology, law and has a PhD in strata and community title law and governance.
Aaron Bolton
Aaron Bolton is Special Counsel at Wotton + Kearney. Aaron advises domestic and international insurers on building, construction and infrastructure claims and acts for various industry participants at all levels. Having worked in private practice and as part of an in-house legal team, Aaron has a deep appreciation of the commercial and legal demands facing clients. With this insight, he takes a wholistic and commercial approach to resolving matters. Aaron is a part time academic at UTS in the School of Built Environment, Faculty of Design, Architecture and Building.