Construction Contracts Masterclass
Are your construction contracts up to scratch? Get ready to unpack the latest updates to NZS 3910 and receive tips for effective risk analysis as you delve into crucial aspects of contract management, administration, extension of time and optimal use of payment protection provisions. Safeguard against potential pitfalls by addressing health and safety and insurance provisions in your construction contracts. Elevate the quality of your contracts and don’t be caught out! WEB246NZA13
Description
Attend and earn 4 CPD hours
Chair: Dr Anna Kirk, Barrister and Arbitrator, Bankside Chambers
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am NZS 3910: Essential Updates Unravelled and Practical Considerations
- The purpose and intent of the changes
- The removal of the Engineer and insertion of the Independent Certifier, the Contract Administrator and the Principal’s Representative and what their roles entail
- Payment mechanisms
- Security packages
- Disputes
- What has not been addressed
Presented by Paula Nicolaou, Partner, Wynn Williams
9.50am to 10.35am The Tendering and Procurement Process: Approaching the Market in Uncertain Times
- Why getting your procurement right matters
- Right sizing your procurement process
- Tailoring your procurement to your project risks and your Conditions of Contract
- How to mitigate solvency and other risks through your procurement
Presented by Sonia Vitas, Special Counsel, Simpson Grierson
10.35am to 10.50am Morning Break
10.50am to 11.35am Risk Analysis: Tips and Tricks
- Contract management and administration
- Scope of works and responsibilities
- Extension of time and variations process
- Supply chain issues
- Effective use of payment protection provisions
- Insolvency early warning signs
Presented by Sophie Slater, Associate, Duncan Cotterill
NZS 3910 CHANGES: IMPACT ON HEALTH AND SAFETY OBLIGATIONS
11.35am to 12.20pm Health and Safety: Key Provisions & Current Issues in Construction
- A review of the changes to NZS3910’s health and safety obligations
- A review of enforcement action in the construction industry, including case law updates
Presented by Sam Houliston, Senior Associate, Hesketh Henry
12.20pm to 1.05pm Insurance Considerations in Construction Contracts
Focusing on public liability and contract works insurance, consider:
- The intent of each insurance policy required in contract
- What is an appropriate insurance limit
- Additional limits or sub-limits and their intent
- Existing structures and new works: the insurance interface
- What issues insurers are currently concerned with and risk they will not accept
- Are there other insurances that should be considered for a project?
Presented by Warren Tucker, Specialist Construction Insurance Broker and Adviser, AON
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Learning Objectives:
- Reflect on recent changes to NZS 3910 and what this means for your construction law practice
- Gain perspective on the tendering and procurement process including the challenges and opportunities
- Gain practical tips for conducting risk analysis in your construction contracts
- Review the changes to health and safety obligations under the 2023 edition of NZS 3910 to ensure compliance
- Understand key insurance considerations in construction contracts
Presenters
Dr Anna Kirk
Anna is a commercial arbitrator, adjudicator and barrister, specialising in international arbitration and public international law. Anna is New Zealand's member on the ICC International Court of Arbitration (2021-2024). Anna is also on the Council of the Arbitrator's and Mediators' Institute of New Zealand (AMINZ). Anna has been involved in over 50 arbitrations over the past 15 years as counsel, arbitrator or tribunal secretary. She has extensive experience in arbitrations under the ICC, UNCITRAL, ICSID, LCIA and SIAC Rules. Anna spent a number of years practicing international arbitration in London, representing clients across a range of industries including energy and natural resources, shipping, infrastructure and procurement. When she returned to New Zealand in 2011, she assisted Sir David Williams KNZM, QC with many large international commercial and investment treaty arbitrations. Anna now sits as an arbitrator in both international and domestic arbitrations. Anna also sits regularly as an adjudicator under the Construction Contracts Act. Anna is a Fellow of AMINZ and the Chartered Institute of Arbitrators (UK). She is a member of the arbitral panels of AMINZ, ACICA, the NZDRC, HKIAC and SIAC (reserve panel). Anna holds a PhD in international law from the University of Cambridge. Anna regularly publishes and speaks on arbitration-related matters and is a contributing author to Williams & Kawharu on Arbitration (2011 and 2017). Anna also teaches a Masters paper in international arbitration at the University of Auckland. Through her studies she has a particular interest in business and human rights and is available to advise in this area.
Sonia Vitas
Sonia is one of New Zealand’s leading construction and infrastructure lawyers. She has prepared, negotiated and advised on construction and infrastructure projects and disputes across a wide range of industry sectors including energy, building, roading, water and waste water, refuse collection and disposal, telecommunications, electricity and mining. She has particular and extensive expertise in project procurement and documentation. This experience extends from advising on some of the most significant and complex projects ever undertaken in New Zealand to the development of standard tender and contract documentation based on NZS3910 (and related standards NZS3916 and NZS3917) for numerous public and private sector clients used in “business as usual” projects of every value. Her expertise also extends to advising on, funding, cost contribution and entrusted works agreements, Early Contractor Involvement (ECI) agreements, professional services contracts (including those based on CCCS), design build contracts, framework and panel agreements and contracts based on international standard forms such as FIDIC and NEC as well as more specialised and collaborative forms of contracts such as alliancing agreements. Sonia is a member of The Society of Construction Law (New Zealand); The Auckland Women Lawyers' Association; and The Property Law Section, New Zealand Law Society.
Sophie Slater
Sophie specialises in construction & projects, advising on a range of construction and infrastructure matters including contracts, project documents, construction legislation, regulatory requirements, and disputes. She provides practical advice to a broad range of construction professionals including head contractors, subcontractors, insurers, consultants, and developers. Sophie understands her clients’ unique needs and the construction environment they are operating within. This includes ensuring risk is allocated appropriately, anticipating issues, and supporting clients with regulatory requirements and contractual disputes. She is also regularly engaged to draft and review a variety of bespoke and standard form contracts and various project documentation.
Sam Houliston
Sam graduated with a Bachelor of Laws and a Bachelor of Commerce specialising in Employment Relations from the University of Auckland in 2005. He was admitted as a Barrister and Solicitor of the High Court in 2006. Sam joined Hesketh Henry in 2017, having previously worked for Auckland laws firms as an employment, civil and criminal litigator representing clients in the Employment Relations Authority, Employment Court, High Court, and tribunals. He has also previously prosecuted health and safety matters for the Department of Labour (prior to WorkSafe’s being) and acted as an independent Accident Compensation adjudicator. Sam advises employers and employees on all issues arising from the employment relationship including restructuring, performance management, disciplinary procedures, personal grievances, restraint of trade issues, health and safety matters and statutory compliance. He regularly helps clients at mediation, in the Employment Relations Authority, and Employment Court. Sam is a member of the New Zealand Law Society and the Auckland District Law Society.
Warren Tucker
Specialist Construction insurance broker and adviser with Aon New Zealand. A member of the specialist Aon Construction team (the pre-eminent risk transfer and insurance broking team in New Zealand in the construction sector). Warren has been involved with insurance for 24 years, with 18 if those as an insurance broker. 11 Years ago he was a founding member of the Aon construction team that was established to better serve the construction sector. In that time he has become one of the leading insurance brokers to larger construction contractors advising them on their annual insurance programs as well as the insurance clauses contained within the construction contracts for their projects. Warren also advices Principals on their construction projects and the insurance requirements and other risk transfer mechanisms. In this space his clients have included Councils, retirement villages, abattoirs, cools stores, and private hospitals. With the changes to the Construction Contracts Act (“CCA”) in 2017 regarding retentions he developed the Retention Instrument; this is a complying instrument under the CCA. The Retention Instrument frees up the retention cash for party A by effectively providing a financial guarantee. Since then, he has also expanded into insurance-based Performance Bonds (Surety).