Construction Contracts: What Needs Fixing?
Current review of standard from construction contracts means significant reforms to the construction sector are on the horizon. An interim Standard NZS 3910 has been drafted and a full revision of NZS 3910 standard is forthcoming. Led by construction law experts, including 3 members from the scoping committee, explore the pain point with NZS 3910, pros and cons of the revision, supply chain issues, risk management in construction contracts and what to expect once the changes come through. WEB223NZA25
Description
Attend and earn 2.5 CPD hours
Chair: Katrina Van Houtte, Partner, Dentons Kensington Swan
2.00pm to 3.30pm Revision of NZS 3910: Proposed Reform
Peter Degerholm, Natasha Possenniskie and Helen Macfarlane will discuss whether our construction contracts are working to address some of the major issues facing the sector and what transformations may be needed as we navigate a world of both global supply and global interruptions.
- The current state of the ongoing revision process for NZS 3910
- The role of contract administrator / Engineer to the Contract
- Risk allocation in construction contracts
- How to adapt procurement practices to address global supply chain issues in a world where we are forced to live with COVID-19
Presented by:
Helen Macfarlane, Partner, Hesketh Henry
Peter Degerholm, Director, Calderglen Associates Limited
Natasha Possenniskie, Director, Urban Outcomes
3.30pm to 4.30pm Risk Management in Construction Contracts
- Risk allocation and use of risk matrices
- Examine the key areas for consideration in construction contracts, including:
- Liability: extents and caps
- No fault risks
- Market risks – cost escalation and COVID-19 risks
- Variations
- EOTs
- Time bars
- Design development/scope of works
- Administrative obligations
Presented by Julia Flattery, Partner, Duncan Cotterill
Learning Objectives:
- Receive a detailed update on proposed reforms to of NZS 3910
- Gain a deeper understanding of risk management in construction contracts
Presenters
Katrina Van Houtte
Katrina is a leading construction and dispute resolution lawyer and advises clients on front-end and back-end construction matters, as well as on issues arising during the course of a project delivery. 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. Before re-joining Dentons Kensington Swan in July 2019, Katrina worked as an inhouse lawyer at Fletcher Building, where she advised Fletcher Construction, including heading up the legal support for the Building & Interiors business, when it was going through a period of significant difficulty.
Helen Macfarlane
With over 25 years legal experience, Helen Mcfarlane is a partner in Hesketh Henry's disputes resolution team, focusing on construction and insurance. She read law at Oxford and was admitted as a barrister in London, before moving to New York where she worked as a litigation attorney for 15 years with leading US and international law firm, Shearman & Sterling and returned to Hesketh Henry in 2007. Helen brings an international perspective to her work with US experience that includes disputes relating to remediation of high rise fire damage and international arbitrations arising from the construction of a hydro-electric power plant in the Middle East. In New Zealand, Helen has acted in numerous construction disputes representing contractors, consultants and subcontractors as well as providing front end contract drafting advice. She is a council member of the Society of Construction Law and is presently engaged on sector initiatives to revise NZS 3910 and to assess the role of Engineer to the Contract.
Julia Flattery
Julia is an experienced construction and commercial property lawyer who brings significant large-project build expertise during twelve years’ working for a leading UK international firm. My particular areas of expertise are property acquisitions, sales and leasing, infrastructure, construction and developments.
Natasha Possenniskie
Natasha Possenniskie is a leading construction industry professional with more than 25 years’ experience in New Zealand and abroad. Spanning both public and private sectors, Natasha’s career has developed in varied roles as a client, consultant, main contractor and subcontractor. She was the construction director on New Zealand’s first fully wrapped Public Private Partnership prison, and the director of property for Department of Corrections, managing a $2 billion property portfolio. After returning to New Zealand from her position as General Manager for Honeywell UK, Natasha undertook a senior management role at Fletchers. She is now the sole Director of Urban Outcomes Limited, a boutique construction consultancy she established to focus on the outcomes of a project from the outset. Natasha specialises in providing independent Engineer to the Contract services, using her varied experience to ensure impartiality in the administration of construction contracts. With extensive knowledge of the NZS suite of construction contracts, she researched and composed the 2019 Treasury report into the issues associated with the NZS conditions of contract which has become a catalyst for change in the New Zealand construction industry. Natasha is also a member of the standards development committee for the revision of NZS 3910:2013. She routinely advises clients on project recovery, risk management, contract administration and procurement strategy. Natasha is currently a Board of Director for Quotable Value Limited and Site Safe New Zealand Inc.