Building and Construction Roundup
Issues covered include: Security of Payment, Quantum Meruit, Mann v Patterson Constructions, Domestic Building Contracts, Construction Contracts, rectification
Description
The construction Industry is in a flux and you need to be on top of it. Hear the latest updates affecting the building sector and leave with practical skills and strategies. Hear an insider’s perspective from John Murray AM on the always relevant security of payment issue, explore the recent significant High Court quantum meruit case and what impact it will have and more.
Attend and earn 4 CPD units in Substantive Law
Chair: Harriet Warlow-Shill, Partner, FAL Lawyers
9.00am to 10.00am: The Commonwealth Review of Security of Payment Laws: Where we Stand and the Practicalities You Need to Know
- The main recommendations of the Commonwealth Review
- Harmonisation of security of payment laws, including Commonwealth initiatives and State by State initiatives/round-up
- Deemed statutory trusts
- Recent case law in security of payment: the impact of the latest cases
- Be prepared: where the security of payment landscape may stand over the coming year
Presented by John Murray AM, National Review of Security of Payment Laws
10.00am to 11.00am: Major Developments in Quantum Meruit: Mann v Patterson Constructions
- What was the position before Mann v Patterson Constructions?
- Discussion of Mann v Patterson Constructions decision
- What does the decision mean for quantum meruit claims going forward?
Presented by Ben McLeod, Special Counsel, Maddocks
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: Domestic Building Contracts
- Jurisdictional issues for disputes relating to domestic building works
- Progress payments and Domestic Building Contracts Act s40
- Costs plus contracts
Presented by Andrew Blair, Barrister, Howells' List Barristers; Accredited Mediator
12.15pm to 1.15pm: Rectification of Construction Contracts
- The legal principles when considering claims for rectification of construction contracts
- Whether errors in instruments alone are sufficient to establish successful rectification claims
- Evidence that courts will regard favourably and unfavourably
- The use of draft contracts exchanged during negotiations
- The New South Wales Court of Appeal decision in Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (in liquidation) [2019] NSWCA 11
- How you can help your clients successfully bring rectification proceedings
Presented by Nicholas Gallina, Barrister, Green’s List
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
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