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! 

Thursday, 20 June 2024
Early Bird discount ends 10 May 2024 $294.00
Chair

Dr Anna Kirk, Barrister and Arbitrator, Bankside Chambers

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
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

Description

Attend and earn 4 CPD hours

9.00am to 9.05am Opening Comments by the Chair
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 Julia Flattery, Partner, Duncan Cotterill

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
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

Presenters


Dr. Anna Kirk, Barrister and Arbitrator, Bankside Chambers
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


Sam Houliston, Senior Associate, Hesketh Henry
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, AON
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).


Sonia Vitas, Special Counsel, Simpson Grierson
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.


Paula Nicolaou, Partner, Wynn Williams
Paula is well known in the construction and infrastructure sectors as a first class projects lawyer. Her reputation is a reflection of her 25 years working in the wider property sector advising government, local authority, port companies, iwi, universities, airports, DHBs, building companies, and private developers at the front end of some of the country’s largest ever construction and infrastructure projects. Paula’s specialist experience extends across virtually all sectors of the industry including prisons, hospitals, airports, universities, sports facilities, roading, mining, water and wastewater, electricity and commercial and residential building. Paula works with clients from the inception of projects to understand the clients’ drivers and stakeholder drivers, project details, procurement strategies and procurement compliance requirements, project delivery models, risk and market conditions. She also advises on drafting for tendering, the drafting of project agreements (national, international and bespoke) and contract negotiations through to financial close. Over and above her reputation for providing excellent legal advice, she is known as pragmatic and real in her approach. Paula has advised clients involved with some of the most significant infrastructure projects in Aotearoa.


Julia Flattery, Partner, Duncan Cotterill
Julia Flattery, Partner - Commercial, Duncan Cotterill Julia is an experienced construction lawyer who brings significant large-project build expertise. She regularly drafts project specific building contracts, subcontracts, consultant appointments, warranties, performance bonds and other ancillary contract documentation; and advises head contractors, subcontractors, consultants and funders in relation to contract packages.

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Construction Contracts Masterclass

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Morning Session
Thursday, 20 June 2024
9.00am to 1.15pm Pacific/Auckland
CPD Hours 4
4
$420.00
Early Bird discount ends 10 May 2024 $294.00
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