Session 1: Risk, Safety and Contracting Issues (Live Stream)
Date: Friday 16 March 2018
Time: 9.00am to 1.15pm
Attend and earn 4 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.
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
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.
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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