Building and Construction: Contracting and Disputes
With so much happening in the building and construction sector right now, there is no better time for you to check in on the latest developments. This expert panel of speakers will canvas everything from risk mitigation in supply chain management, scrutinise current contracting practices and the push for green contracting. Examine the subcontractor duty of care to owners, the latest in insolvency issues and discuss recent and important cases and decisions. WEB226NZA13
Description
Attend and earn 4 CPD hours
Chair: John Green, Founder and Director, Building Disputes Tribunal
9.00am to 9.05am Opening Comments from the Chair
9.05am to 9.50am Climate Change Risks & Opportunities: The Need for a Greener Approach to Contracting
Historically, the construction sector is a significant contributor to greenhouse emissions in New Zealand. The sector needs to change this for a number of reasons, including what we categorise as physical risks, transition risks, liability risks. Discuss steps to integrate net zero clauses into construction contracts and embed sustainable performance criteria for the project lifecycle.
Presented by Scott Thompson, Partner and Geoffrey White, Senior Associate, MinterEllisonRuddWatts
9.50am to 10.35am Supply Chain Management and Risk Mitigation in Construction Contracts
- Gain a brief update on supply chain disruption to the construction industry, and how this disruption continues to impact construction contracts
- Explore options for managing and mitigating supply chain risks in construction contracts, including:
- different contracting model
- procurement options
- the use of advance payments and security
Presented by Kylie Mutch, Senior Associate, Chapman Tripp
10.35am to 11.20am Subcontractors’ Duty of Care to Owners in Construction Projects
- An overview of the New Zealand position on duties of care between subcontractors and owners
- Explore common issues encountered in negligence claims against sub-contractors including:
- assumptions of responsibility by subcontractors
- the impact of contractual relationships on subcontractor duties of care
- limitation issues for contribution claims (arising in the context of a negligence claim) including what constitutes a sub-contractor being ‘off-task’ for the purposes of limitation periods and the position on limitation for contribution claims in light of recent cases
Presented by Katrina Van Houtte, Partner and Madison Dobie, Associate, Dentons Kensington Swan
11.20am to 11.35am Break
11.35am to 12.20pm Construction and Insolvency Update
Receive a timely and important update on recent insolvencies of note and the legal implications for the construction sector.
Presented by Glen Holm-Hansen, Partner, Hesketh Henry
12.20pm to 1.10pm Construction Law and Disputes Update: Practical Advice from the Recent Cases
Examine recent decisions relevant to the construction industry, including why they are important, and what they mean for you, as well as trends in construction dispute resolution.
Presented by Michael Taylor, Partner – Russell McVeagh and Joanna Trezise, Senior Solicitor, Russell McVeagh
1.10pm to 1.15pm Final Comments and Closing Q&A
Learning Objectives:
- Consider the biggest developments in green contracting
- Receive practical guidance on supply chain management risk mitigation
- Understand subcontractors’ duty of care to owners in construction projects
- Gain practical insights into insolvencies and the construction sector
- Receive a timely update on recent and important cases and disputes
Presenters
John Green
John is a professional arbitrator, adjudicator and mediator based in Auckland, New Zealand. He is the founder and a Director of the Building Disputes Tribunal, the New Zealand Dispute Resolution Centre, the New Zealand International Arbitration Centre, the New Zealand Family Dispute Resolution Centre, LawTech, the BuildSafe Security of Payment Scheme, and the Independent Complaint and Review Authority. John is a Chartered Arbitrator and Fellow of the Chartered Institute of Arbitrators (UK), a Fellow Arb/Med of the Arbitrators’ and Mediators’ Institute of New Zealand Inc. He is a past President of the Arbitrators’ and Mediators’ Institute of New Zealand Inc., a Past President of the Master Builders Association (Auckland) Inc. and a founding Council Member and Honorary Life Member of the Society of Construction Law New Zealand Inc. for his contribution to the practice of construction law.
Kylie Mutch
Kylie Mutch is a senior associate in Chapman Tripp’s construction and major projects team, based in the Auckland office. She works with a range of contractor and developer clients – including government agencies – from project inception to completion. Kylie has advised on projects across a wide variety of sectors, including residential, commercial, mining, energy and infrastructure. She has experience working with a variety of standard template forms of construction and consultancy agreements, as well as bespoke contractual arrangements on more complex deals.
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.
Geoffrey 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.Edit Speaker's Profile
Glen Holm-Hansen
Glen is a Partner in Hesketh Henry’s disputes 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 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. This includes a wide range of insolvency related litigation including disputes relating to the exercise of liquidator’s powers, breaches of director duties, voidable transactions, debt recovery, and enforcement of securities. He also has significant experience assisting clients with investigations by regulatory bodies including investigations by the Commerce Commission. Glen is a member of the Society of Construction Law (SCL), and Restructuring Insolvency & Turnaround Association New Zealand (RITANZ)).
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.
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 Partner 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
Madison Dobie
Madison Dobie is an Associate in Dentons Kensington Swan’s Major Projects and Construction team. She advises clients on a variety of construction law issues spanning both front-end and back-end. Madison has a particular expertise in construction disputes, specifically multi-party building defect claims and disputes under the Construction Contracts Act 2002. Prior to joining Dentons Kensington Swan, Madison was an in-house lawyer at Engineering New Zealand (formerly IPENZ), the professional body for engineers in New Zealand. For her work as an in-house lawyer and her contributions to these construction sector initiatives, Madison was awarded the Young In-house Lawyer of the Year Award in 2019. While at Dentons Kensington Swan, Madison has also been recognised as a Rising Star in the legal profession by NZ Lawyer in 2020 and, most recently, was awarded the Arbitrators and Mediators Institute of New Zealand (AMINZ) Consensual Scholarship (2022), a scholarship focused on mediation and awarded to a future leader in dispute resolution.