Session 2: Liability and Disputes in Construction (Live Stream)
Date: Friday 16 March 2018
Time: 2.00pm to 5.15pm
Attend and earn 3 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: 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
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.
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