Construction Law: Subcontractors and the Retention Regime
When principals and subcontractors are stretched to ‘just get the job done’ – what could possible go wrong? Bring yourself up to speed on the latest cases and legislative developments concerning back-to-back contracting, and take a deep dive into current issues relating to payments and the reforms proposed by the Construction Contracts (Retention Money) Amendment Bill. This information-packed afternoon is not to be missed. WEB2110NZA07
Description
Attend and earn 3 CPD hours
Chair: Jo-Anne Knight, Partner, Simpson Grierson
1.15pm to 2.15pm Is Back-to-Back Subcontracting a Myth?
- Good practice subcontracting
- Practical implications of Spotless v Fletcher decision
- Managing disputes
Presented by Katrina Van Houtte, Partner and Anna Cho, Associate, Dentons Kensington Swan
2.15pm to 2.20pm Break
2.20pm to 4.20pm 2HR INTENSIVE ON THE RETENTION REGIME: Update on Proposed Changes to the Retention Regime and Recent Case Law Developments
- The Construction Contracts (Retention Money) Amendment Bill
- Practical considerations for subcontractors (and contractors) arising from recent case law and legislative developments
Presented by Glen Holm Hansen, Partner and Sarah Holderness, Senior Associate, Hesketh Henry
4.20pm to 4.30pm Final Q&A and Closing Comments
Learning Objectives:
- Examine the practical application of subcontractor case law
- Be updated on the retentions regime and the proposed reform
Presenters
Jo-Anne Knight
Jo-Anne is a partner in Simpson Grierson's commercial litigation group. She specialises in construction litigation. Jo-Anne has over 20 years' experience acting for contractors, principals, local authorities and consultants in the full range of building and infrastructure disputes. Jo-Anne also advises in the negotiation and drafting of construction contracts with particular emphasis on the allocation of risks within construction contracts, security arrangements and providing tailored mechanisms for avoiding disputes and managing disputes that cannot be avoided in the most effective manner suitable to the particular project or industry. Jo-Anne has represented construction parties and local authorities in well over 100 mediations and judicial settlement conferences. She specialises in adjudications and also appears as counsel in the courts, specialist tribunals and in arbitrations covering the full range of construction issues, including payment disputes, construction defects cases and enforcement of performance bonds.
Katrina Van Houtte
Katrina Van Houtte is a leading construction and dispute resolution lawyer with 14 years’ experience. Katrina joined Dentons Kensington Swan in July 2019 from the in-house legal team at Fletcher Building and is a Special Counsel in the firm’s Auckland office. Katrina has a broad practice and advises clients on both front-end and back-end construction matters. Given her background in litigation and public law, Katrina also advises clients on a range of other commercial and public law disputes. Katrina has true industry sector experience at the coal-face of the issues that have troubled the industry in New Zealand in recent years. Katrina has been involved in most of New Zealand’s largest building and infrastructure projects in the last few years and her experience includes: the review and preparation of construction contracts, consultancy agreements, performance guarantees and all other related project contractual arrangements (standard form and bespoke); advising on delivery issues that arise during the lifecycle of the project; and advising on the resolution of disputes, whether by way of negotiation, mediation, adjudication under the Construction Contracts Act 2002, arbitration or Court proceedings. Katrina is highly valued by her clients who appreciate her dedication to securing best-for-business outcomes. Her experience enables her to bring a unique perspective and approach the problem from the client’s point of view.
Anna Cho
Anna is an Associate in Dentons Kensington Swan’s Major Projects & Construction Team. Anna previously worked in Seoul in the international legal division of a multinational company, and also in a large Auckland firm as a dispute resolution lawyer. She then worked for the London Court of International Arbitration before returning to New Zealand to specialise in construction disputes. She has advised principals, consultants, contractors, subcontractors, suppliers and insurers. Anna is a Fellow of the Chartered Institute of Arbitrators, Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ) and Co-Chair of Young AMINZ.
Glen Holm Hansen
Glen Holm-Hansen is a Partner in Hesketh Henry’s disputes resolution team. He has a wide practice focusing on construction, insolvency and regulatory issues. Glen has more than 14 years’ experience advising on a variety of contentious issues in New Zealand. Glen also leads Hesketh Henry’s restructuring and insolvency practice, advising individuals and companies in New Zealand and offshore on all aspects of insolvency and turnaround processes, from receiverships and liquidations through to voluntary administrations and schemes of arrangements. Glen is a member of the Society of Construction Law (SCL) and Restructuring Insolvency & Turnaround Association New Zealand (RITANZ).
Sarah Holderness
Sarah has over 11 years’ experience in legal practice, and primarily specialises in front end construction work. She is familiar with standard form agreements (such as NZS 3910 / 3916, SA-2017, CCCS etc) and regularly drafts either bespoke special conditions or entire contracts, as well as other project documents. She also has a background in litigation (including in defective building claims) and continues to assist with contentious matters in the construction space. As well as her private practice experience, Sarah has worked in-house for a multinational engineering firm. Sarah is a member of the Society of Construction Law (New Zealand).
Testimonials
“Excellent update on construction dispute cases and construction law issues all of which are directly relevant to my practice”