Building and Construction Law Disputes
Today’s building and construction sector brings with it a number of legal challenges and complex matters that require attention and examination. Spread throughout the morning with 5 highly practical sessions, you will gain useful updates on recent cases, quantum meruit claims, subcontract agreement issues, large construction project delivery legal challenges plus supply chain issues and how to avoid disputes. WEB223NZA24
Description
Attend and earn 4 CPD hours
Chair: Graeme Christie, Barrister and Arbitrator, Bankside Chambers
9.15am to 10.00am Construction Law Update: Practical Advice from the Recent Cases
Examine the key recent decisions relevant to the construction industry, including why they are important, and what they mean for you.
Presented by Michael Taylor, Partner – Construction & Litigation and Joanna Trezise, Senior Solicitor, Russell McVeagh
10.05am to 10.50am Quantum Meruit: Unjust Enrichment or Market Value?
- What does it all mean when you aren’t covered by a contract?
- Review of Electrix v FCC Construction against UK Supreme Court cases
- Examination of the equitable concept of unjust enrichment, and assessing payment on the basis of value to the beneficiary of the work
- Applicability of market value assessments
- Which is applicable to the construction industry in NZ?
Presented by John Walton, Barrister, Bankside Chambers
10.55am to 11.40am Subcontract Agreement Issues
Examine issues from both a subcontractor’s and a contractor’s perspective, including:
- Contract terms: delays and variations/back-to-back requirements/access
- Payment issues and the CCA
- Retentions
- Supply chain issues
- Dispute resolution
Presented by Rebecca Saunders, Partner, Wynn Williams
11.45am to 11.55am Break
11.55pm12.40pm Supply Chain Issues and Avoiding Disputes
Examine construction supply chain issues and how these can be effectively managed in your construction contracts to avoid disputes in a tight and changing market, including:
- The use of early contractor involvement agreements
- Procurement options, including advance procurement, supply only and free issue of materials
- The use of advance payments and security
Presented by Kylie Mutch, Senior Associate, Chapman Tripp
12.45pm to 1.30pm Project Delivery Issues on Large-Scale Infrastructure Projects in NZ: Expecting the Unexpected (and Dealing with It)
Drawing on lessons learned from some of New Zealand’s most high-profile infrastructure projects:
- Consider the potential limitations of traditional contractual remedies in the context of large-scale, high-value infrastructure projects in New Zealand and the challenges that this can present for project delivery
- Explore what parties can do to anticipate these challenges and achieve satisfactory project delivery despite them
Presented by Scott Thompson, Partner and Geoff White, Senior Associate, MinterEllisonRuddWatts
Learning Objectives:
- Receive a timely update on recent construction cases
- Gain a deeper understanding of quantum meruit and unjust enrichment
- Receive practical insights on subcontract agreement and potential issues
- Examine limitations of traditional contractual remedies in delay of project delivery
- Learn how potential supply chain issues can be effectively managed to avoid disputes
Presenters
Graeme Christie
Graeme is a Construction Lawyer with over 30 years’ experience in construction law advising on contracts and the many issues arising on construction projects, including three years with Linklaters in London. He was also named by Best Lawyers in New Zealand in their 2019 edition, as the top construction lawyer in New Zealand for 2020. Graeme conducts arbitrations, and regularly appears in the High Court and Court of Appeal. He has also appeared in the Fijian Court of Appeal and the Court of Appeal in the Cook Islands. In 2011 Graeme appeared at Lausanne, Switzerland at the Court of Arbitration for Sport. Graeme has been involved in many major construction projects both on and offshore and is well known in the construction industry. He is regularly listed amongst the leading practitioners in this field in New Zealand.
Michael Taylor
Michael practices in commercial litigation with a particular focus on infrastructure, construction and information technology law. He practiced at the London Commercial Bar for over 15 years at a leading construction and IT set, before joining Russell McVeagh. He was ranked as Leading Junior Counsel in The Legal 500 UK and Chambers & Partners UK and is recognised as a rising star in Legal 500 NZ. Michael is a member of the Committee of the Society for Construction Law. He is a thought leader in construction and infrastructure disputes, and recently presented at the annual conference of the Society of Construction Law and published and presented on a construction law update paper with the New Zealand Law Society. He has spoken at the Building and Construction Regulation and Law Conference in October, the Digital Innovation and Delivery to Improve Construction Productivity in November 2019 and Construction Law Masterclass in March 2020.
Joanna Trezise
Joanna Trezise is a commercial litigator at Russell McVeagh. She acts on a broad range of matters, including construction disputes, trust disputes, contractual and statutory interpretation issues, and regulatory investigations. She is also the editor of Russell McVeagh's quarterly construction disputes publication, Breaking Ground. Joanna previously worked as a prosecutor, undertaking criminal prosecutions on behalf of regulatory agencies and the Crown. She is a member of the Society of Construction Law, the National Association of Women in Construction, and the Women's Infrastructure Network.
John Walton
John is a barrister, at Bankside Chambers in Auckland, practising as an arbitrator (both domestically and internationally), construction contracts adjudicator and commercial mediator. He also probity audits and peer reviews major construction and public procurement projects as an independent advisor. John is admitted as a solicitor in England and Wales and in Hong Kong; he is a past President of AMINZ, Fellow of AMINZ, the Chartered Institute of Arbitrators in the UK and of the Asian Institute of Alternative Dispute Resolution. He is also a member of the Society of Construction Arbitrators in the UK, and in 2019 was made an Honorary Life Member of the Society of Construction Law.
Rebecca Saunders
Rebecca is a construction law specialist. She has particular expertise in dispute resolution, and regularly advises clients on issues relating to payment, cancellation, variations, delay, defects, retentions and certification. She has a broad range of experience in construction adjudication, international arbitration, mediation and court litigation, both in New Zealand and overseas. Rebecca provides advice at the front end on requirements under the Building Act 2004, building contracts and consultancy agreements, and she is familiar with a range of standard forms including Master Build, Certified Builders, NZS:3910/3915/3916, CCCS, AS, NEC3, JCT and FIDIC. Rebecca's clients range from builders, contractors, sub-trades, property developers, tertiary institutions, Crown entities and private individuals Rebecca is a member of the Society of Construction Law and the National Association of Women in Construction. She is also a Solicitor of England & Wales (non-practising).
Scott Thompson
Scott is a Partner in MinterEllisonRuddWatts’ construction practice which is ranked Band 1 by international legal directory, Chambers Asia Pacific. Within the Construction practice, Scott is a specialist construction disputes lawyer. He advises clients involved in project disputes, both during and after the construction phase, including for negligence and non-compliant works, variations and extensions of time. He has acted on nationally significant infrastructure projects including road, rail, sport, education, and Government. Scott is also experienced in contentious rent review disputes. He regularly appears in alternative dispute resolution forums, in particular, arbitration. He tailors his advice and approach to dispute resolution to suit each client’s individual needs and objectives and approaches the lawyer-client relationship as a close strategic partnership. Scott comes from a commercial background as a transaction and projects lawyer for a tier one firm in the United States. Having advised public and private companies, banks and private equity firms, Scott understands clients demand high-quality service and consistent, commercially-focused advice. Clients rely on Scott for his pragmatic and strategic approach to dispute resolution and ability to engage on both legal and commercial issues that arise. Scott is licensed in New Zealand, New York and Texas.
Geoff White
Geoff is a Senior Associate in the Construction team at MinterEllisonRuddWatts. He has over 10 years’ experience as a projects and construction lawyer with a focus on dispute resolution. Geoff specialises in complex and high value projects and disputes; with significant experience in major infrastructure projects and the energy and mining sectors. Prior to returning to MinterEllisonRuddWatts, Geoff spent seven years based in Dubai working for the leading international law firm in the MENA region as a Senior Associate in the region’s top projects and construction team (ranked tier 1 in both the Legal 500 and Chambers directories). Geoff advises clients through the entire project lifecycle including procurement strategy, contract drafting, project counsel during a project’s execution phase, and dispute resolution (both alternative and formal dispute resolution). Geoff represents claimants and respondents in a range of dispute resolution processes including adjudication, mediation, international and domestic arbitration and court proceedings. He has significant experience in ICC, LCIA, DIAC and DIFC-LCIA arbitration. Geoff has advised on some of the most high-profile projects in New Zealand and the MENA region, including the HVDC Inter-Island Link Project, NZTA State Highway 20 project, Burj Khalifa, Dubai International Airport, Riyadh Airport, Riyadh Metro and the Mecca Metro.