2nd Annual Building and Construction Conference
Date: Friday 16 March 2018
Time: 9.00am to 5.15pm
Venue: Stamford Auckland, 22 - 26 Albert St Auckland
Attend and earn 7 CPD hours
Today's construction industry brings with it a range of reforms and complex matters that require attention and examination. Spread throughout a day packed with 8 practical sessions delivered by 10 leading authorities in the area, gain useful information on key legislative developments including the impact of the new Health and Safety at Work Act and retention regime, contracting issues, new liability concerns, dispute resolution and more.
Session 1: Risk, Safety and Contracting Issues
Chair: Trina Lincoln, Commercial Legal & Risk Manager, Hawkins; Leading In-House Construction Lawyer, Doyle's Guide 2016
Managing and Mitigating Insolvency Risks in Construction Contracts
- Analysis of new developments and risks
- Access to bonds
- Compliance with the new retentions regime
Presented by Polly Pope, Partner, Russell McVeagh and Lara Bennett, Executive Director, Restructuring & Insolvency, PwC New Zealand
Health and Safety at Work Act 2015: Current Issues Affecting the Construction Sector
- What do we know on the level of penalties imposed by the courts under the new regime?
- Liabilities for contractor and principal
Presented by Grant Nicholson, Partner, Kensington Swan
Direct Payment Arrangements with Contractors and Subcontractors
- How are the industry and banks using direct payment arrangements to deliver projects?
- What is the future for these arrangements after Ebert v Sanson?
Presented by Dan Williams, Senior Associate, Anderson Lloyd
Engineer to the Contract: Is this Dual Role Working?
- Obligation to act fairly and impartially
- Whether the engineer owes a duty to the contractor
- Options for relief and possible contractual reform
Presented by Nick Gillies, Partner, Hesketh Henry
Contracting with Unit Title Body Corporates: Dealing with Dysfunction
- Leaky building remediation, earthquake strengthening and deferred maintenance
- Pitfalls for contractors and bodies corporate: how dysfunction within the body corporate can lead to a dysfunctional project
- Proposed reform of the Unit Titles Act: Will this make any difference?
Presented by Dave Barr, Senior Associate, Simpson Grierson
- Consider potential insolvency risks in construction contracts
- Analyse the latest trends in construction contracts
- Examine Health & Safety penalties imposed under new regime
Session 2: Liability and Disputes in Construction
Chair: John Green, Director, Building Disputes Tribunal
INSIGHTS FROM THE BUILDING DISPUTES TRIBUNAL: Case in Brief, Updates and Recent Developments
Work through the latest cases and developments that are affecting the building and construction sector, your clients and your practice.
Presented by John Green, Director, Building Disputes Tribunal
Cladding and Fire Safety: Responsibility or Liability?
- What is the problem?
- What do the regulations and certifiers say?
- Who is responsible? What is the exposure of the designer, manufacturer, importer, contractor and certifier?
- What are the insurance implications for property holders and construction sector stakeholders?
- Where to from here: Are there solutions?
Presented by Helen Macfarlane, Partner, Hesketh Henry
Multiparty Disputes: Dealing with Common Pitfalls
- Looking at the intersection of adjudication, arbitration and litigation: pitfalls for multiparty conflicts
- How arbitration can be used successfully to resolve building and construction disputes
Presented by Mark Colthart, Barrister & Arbitrator, Level 31 Vero Centre
Dispute Resolution: Surveying the Options in a Digital Age
- The dispute resolution landscape
- Understanding the alternatives
- Is consensus always better than conflict?
- Constraints and opportunities
Presented by Royden Hindle, Barrister, Bankside Chambers
- Catch up on case in brief, updated and recent building and construction developments
- Analyse new product liability issues in construction
- Examine the various options in disputes resolution
Chair: Trina Lincoln
Trina Lincoln is a qualified lawyer with nearly 20 years' experience specialising in all aspects of the construction industry. Trina has worked in leading law firms in Auckland and London and has acted as a mediator and adjudicator under the Construction Contracts Act 2002. Trina was instrumental in setting up the NZ Society of Construction Law and was the Chair of the Canterbury Chapter of the National Association of Women in Construction and then a member of the National Board. Trina is responsible for the legal and commercial management of Hawkins Building Projects. Within this role, Trina recognises the importance of working closely with clients, consultants, and subcontractors and in having a practical and pragmatic approach. Trina is a member of the New Zealand Law Society, Arbitrators, and Mediators Institute of New Zealand and the NZ Society of Construction Law. Trina remains involved with the National Association of Women in Construction sitting on the Auckland Chapter Board.
Polly Pope is a commercial litigation partner at Russell McVeagh, with over 18 year's experience. She is a key member of Russell McVeagh's leading construction team. Whilst she has had considerable success in conducting high value arbitration and litigation, she also has a particular interest in helping clients proactively to avoid and resolve all disputes efficiently. Her clients include several of New Zealand's leading listed and privately held developers, multinational corporations and banks.
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).
Grant Nicholson is recognised as one of New Zealand's leading lawyers in the health and safety area, and has over 20 years' experience. Grant helps clients with a range of health and safety matters including leadership and culture issues, health and safety management processes, serious incident investigations, and representation during interaction with regulators and the courts.
Nick is a Partner in Hesketh Henry's dispute resolution team. He specialises in construction, insurance and professional negligence. Prior to joining Hesketh Henry, Nick spent eight years working for a boutique construction litigation firm in London, and before that he practiced with Russell McVeagh in Wellington. He has been involved in a wide range of construction and engineering cases, both here and in the UK, and has been published on various dispute resolution topics.
Dave is a senior associate in the commercial litigation group. He specialises in dispute resolution with a particular focus on construction litigation and building regulation. Dave worked as in-house counsel for over five years at the Auckland City Council, and then at the Auckland Council, specialising in Building Act advice, regulatory prosecutions under the Building Act and the Resource Management Act, and civil litigation including management of leaky building claims. Dave regularly acts for local authorities and other parties in leaky building claims and other construction disputes in the High Court, District Court, and Weathertight Homes Tribunal, as well as Building Act Determinations and appeals. In 2010, Dave completed his masters thesis on liability of territorial authorities arising from the performance of statutory functions. Dave is a Member of the Society of Construction Law.
John Green is a professional arbitrator, adjudicator and mediator based in Auckland, New Zealand. He has been appointed in more than 1,100 building, construction and infrastructure disputes over the past 25 years relating to residential, commercial and industrial construction projects, power stations, gas fields, manufacturing and processing plants, stadiums, hotels, land subdivisions, roading, railways, wharves, marinas, drainage, wastewater treatment plants, recycling plants, mining, services, and utilities, involving domestic and internationally based parties, complex technical and legal matters, and sums in dispute exceeding $100M. John is the founder and a Director of the Building Disputes Tribunal (BDT), the nationwide, specialist dispute resolution service provider for the building and construction industry in New Zealand and an Authorised Nominating Authority under the Construction Contracts Act 2002. He is also the founder and a Director of the New Zealand Dispute Resolution Centre (NZDRC); the New Zealand International Arbitration Centre (NZIAC); the New Zealand Family Dispute Resolution Centre (FDR Centre); the BuildSafe Security of Payment Scheme - BuildSafe©; and Building Information Services - building4u©. He is a Principal Arbitrator, Adjudicator, Mediator, Expert Determiner and Early Neutral Evaluator for BDT, NZDRC and NZIAC. John was appointed as a mediator and an adjudicator for the Weathertight Homes Resolution Service in 2003 when the Government service was formed and acted as an adjudicator until 2012. He was appointed as a Member of the Retirement Villages Disputes Panel on its formation in 2006. He specialises in dispute resolution process design, development and delivery and he is a member of the NSW Government Adjudication Research and Reporting Unit Advisory Panel. John is the author of numerous papers and articles on dispute resolution. He is the Editor of BuildLaw© and ReSolution© and he is the author of Thomson Reuters 'The Leaky Building Crisis: Understanding the Issues' - Part 4 Dispute Resolution Options. 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., an Associate of the Institute of Arbitrators and Mediators Australia, and a LEADR Professional Panel Member. 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 of the Society of Construction Law New Zealand Inc.
Margaret A Helen Macfarlane is a partner in our Litigation and Dispute Resolution team with specialist expertise in construction law. Originally from New Zealand, Helen has over 25 years of legal experience and will become a partner of Hesketh Henry once she has satisfied the requisite NZLS requirements (anticipated to be within the next 6 months). 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 .Helen qualified in New Zealand in 2007 and joined Hesketh Henry the same year. Since then, she has developed extensive expertise in financial lines(PI and Construction PI) as well as in general liability insurance. In both areas, she provides coverage advice. Helen has appeared as sole counsel in the New Zealand District and High Courts sparing clients the expense of engaging a barrister. Helen is well-respected in her profession and has been recognised by the Asia Pacific Legal 500 which in 2016 described her as an "exceptionally smart litigator" and in the recent 2017 listings recommended her as a "Next Generation Lawyer" in the insurance field. She is a member of the New York State Bar Association and the Honourable Society of the Middle Temple (United Kingdom). She has contributed legal articles on construction and class action topics in New Zealand including for the New Zealand Law Journal. Helen is a lead author of the LexisNexis' Practical Guidance Insurance Law (2016) and, in particular, for the chapters addressing making and responding to claims .In addition to insurance work, Helen represents clients in the construction sector both in dispute resolution and providing front end advice and brings this comprehensive understanding of construction to her insurance work .Her experience in rent review arbitrations including, most recently, a major commercial building in the Wellington CBD, means she is with familiar with issues relating to earthquake preparedness affecting that market.
Mark Colthart is a Barrister and Arbitrator specialising in commercial litigation and arbitration, property disputes, and construction law. Mark graduated with Bachelor of Law and Bachelor of Arts degrees from the University of Canterbury (Christchurch) in 1993. He was admitted as a Barrister & Solicitor of the High Court of New Zealand in 1994, and has over 20 years litigation experience. In 2001 Mark completed a post- graduate degree in law, graduating with a Masters in Law (Honours) from the University of Auckland. In 2012 Mark was admitted as a Fellow of the Arbitrators' and Mediators' Institute of New Zealand (AMINZ), and as a Fellow of the Chartered Institute of Arbitrators (CIArb) (London). In 2014 Mark was elected to the Council of AMINZ, and is currently one of 7 Council Members. Mark has chambers in the Vero Centre at 48 Shortland Street, in the heart of Auckland's legal and financial district.
Royden Hindle practices as an independent and impartial professional to assist in the management, resolution and determination of disputes. With 30 years' practice as a civil litigation partner in a major law firm, barrister, mediator, arbitrator, amicus curiae and adjudicator, he is able to draw on a long and varied experience in dealing with disputes from all perspectives. There are 28 reported decisions arising out of cases that Royden was involved in during the period from 1986 to 2002, and a further 19 decisions in that period have been noted in various annotation services. Royden has appeared as amicus curiae in the Maori Land Court, and in the High Court. In addition he has been involved in a number of substantial arbitrations, both as counsel and latterly as Arbitrator. Before taking on the role of Chairperson of the Human Rights Review Tribunal on a full time basis in 2005 Royden conducted a number of successful mediations. Royden acted as counsel assisting the Gisborne Cervical Screening Inquiry in 1999/2000. In the period from 2002 to September 2011 he was the Chairperson of the Human Rights Review Tribunal.
Stamford Plaza Auckland
Ground Floor, 22 - 26 Albert St
The Stamford Plaza Auckland is a short 5 minute walk from the main
train/bus station Britomart. There is onsite valet parking, charged at a rate
of NZ$45 per car. Alternatively there are numerous public car parks in the
area including Challenge House, 1/3 Wolfe Street.
Parking is not included in the registrartion fee and price is subject to
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