Building and Construction Highlights: Key Alerts and Issues
The ongoing labour crisis and the consequent construction delays caused by the Covid-19 pandemic has slowed down the construction industry in New Zealand. Escalating construction costs are putting huge pressures on builders and customers alike. What does this mean for your practice? Hear from experts in the industry as they decode the important issues that are relevant to you. Stay on top of all key regulatory changes and developments. WEB2210NZA03Z
Description
Attend and earn 4 CPD hours
Chair: Helen Macfarlane, Partner, Hesketh Henry
9.00am to 10.00am Emerging Insurance Issues Impacting Building & Construction Law
Gain a current market update on directors & officers and professional indemnity insurance risk for the building & construction industry
- Disputes surrounding directors and officers liability and professional indemnity insurance for the construction sector
- Overview of the major issues and trends in the industry
Presented by Amanda Halfacree, Deputy Head of Financial & Professional Risks, Crombie & Lockwood
10.00am to 11.00am Building & Construction: A Complicated Solvency Environment
- Risk management and mitigation strategies for contractors and other stakeholders
- How to mitigate losses and optimise your outcomes when things go wrong
Presented by Stephen White, Partner, Business Restructuring Services and Lara Bennett, Executive Director, PwC New Zealand
11.00am to 11.15am Break
11.15am to 12.15pm Project Security Issues in the Construction Market
- Explore project security issues with a specific focus on bonds and retentions
Presented by Jared Holt, Partner and Helen Brown, Partner, Gibson Sheat Lawyers
12.15pm to 1.15pm 2022 in Retrospect and Implications for the Future
Gain insights from the experts on the implications of the developments in 2022, what they are seeing day to day, practical issues you should consider in advising your clients and the trends for 2023.
Facilitated by Jared Holt, Partner, Gibson Sheat Lawyers
Panellists:
Helen Brown, Partner, Gibson Sheat Lawyers
Stephen White, Partner, Business Restructuring Services
Lara Bennett, Executive Director, PwC New Zealad
Amanda Halfacree, Deputy Head of Financial & Professional Risks, Crombie & Lockwood
Learning Objectives
- Gain a comprehensive overview of the challenges facing the construction industry in New Zealand.
- Learn all key regulatory changes and developments.
- Learn about different risk mitigation strategies and the difficulties surrounding D&O liability.
- Understand the nuances of bonds and retentions in the context of project security.
- Benefit from expert opinions on what you can expect going into 2023
Presenters
Helen Macfarlane
With over 25 years legal experience Helen Macfarlane is a partner in Hesketh Henry’s disputes resolution team, focusing on construction and insurance. She read law at Oxford, was admitted as a barrister in London and worked in New York for 15 years with leading international law firm Shearman & Sterling. Joining Hesketh Henry in 2007, Helen has acted on numerous construction disputes, representing contractors, consultants and subcontractors in cases ranging from variation and EOT claims through building defects disputes to major infrastructure project litigation. A firm believer that dispute avoidance starts with clear contractual provisions, Helen also provides front-end drafting advice. Helen is vice president of the New Zealand Society of Construction Law and was instrumental in laying the groundwork for the current review of NZS 3910.
Amanda Halfacree
Amanda has worked in the Insurance industry for over 15 years and has specialised in liability lines for most of the last 13. She started her career in New Zealand as a broker at Marsh before moving into underwriting at AIG New Zealand, AIG Australia and CGU Australia. Five years ago she returned to New Zealand and to broking with Crombie Lockwood’s specialist Financial And Professional Risks team (FINPRO). She has managed both large and small teams for over 10 years and currently holds a national role as Deputy Head of FINPRO. Amanda was recognised as the Women in Insurance “Broker” of the year in 2020.
Stephen White
Stephen is a Director in PwC's Deals team. He specialises in restructuring work, having spent 10 years in PwC's Business Recovery Services team in both New Zealand and the UK. Stephen advises companies that are either in financial difficulty, seeking to raise capital with the aim of de-leveraging, or who are looking to improve their operational performance. He has experience advising lenders and other creditors on their options and strategies for managing exposure to distressed companies, including formal insolvency procedures. Recent insolvencies he has worked on include companies in the construction and dairy farming sectors.
Lara Bennett
Lara Bennett has over 20 years of business experience, working in the construction sector for 4 years prior to joining PwC, where she is currently an Executive Director specialising in restructuring. Following on from her time in the construction industry, Lara has maintained a strong interest in the property sector, where she has been involved in a number of high profile assignments, including lead roles in the Bridgecorp and Mainzeal receiverships, as well as undertaking advisory assignments and assisting with firm wide PwC proposals and engagements in the sector. Lara's recent experience includes a secondment to the Ministry of Social Development as Auckland Lead of a cross-agency team tasked with bringing on additional transitional housing supply, including assessment of development opportunities and monitoring of construction progress. In respect of the retentions provisions of the Construction Contracts Amendments Act 2015, Lara has given a number of presentations and hosted discussion sessions with industry stakeholders on the practical implications of the new rules and was responsible for the preparation of detailed submissions made to MBIE on the legislation. Lara's work at PwC also includes all aspects of corporate restructuring work, including independent appraisals, restructuring advice, performance improvement, monitoring, receiverships, voluntary administrations, and liquidations. Her experience extends over a wide selection of industries in addition to property, including retail, education, transport, horticulture, technology and aviation. She is a Chartered Accountant and a CAANZ Accredited Insolvency Practitioner (NZ).
Jared Holt
Jared studied law and classics at the University of Canterbury, before heading overseas to study and perform opera. He started work as a lawyer in mid-2007. Since then, he has worked in law firms, as well as periods at Wellington City Council and as a barrister sole. He joined the partnership of Gibson Sheat in 2021. Jared has a focus on construction law-related matters, including 'front end' drafting and negotiation, as well as disputes. He is experienced in managing disputes in High Court proceedings, adjudication under the Construction Contracts Act 2002, and arbitration, as well as in alternative dispute resolution processes such as mediation and facilitated negotiation. Jared is a member of the Society of Construction Law.
Helen Brown
Helen Brown is a partner at Gibson Sheat Lawyers in the construction and litigation teams. She advises clients on a range of legal issues arising in major building projects. In the front-end construction space, she acts for clients (principals, contractors and subcontractors) in the review and preparation of project documentation, including build-only contracts, design and build contracts, ECI agreements, consultancy agreements, and bespoke agreements. Helen also acts for clients in resolving construction disputes, including adjudications under the Construction Contracts Act 2002, disputes in the District and High Court, arbitration proceedings and expert determinations.