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! 

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


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). 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).


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.


Ms. Sophie Slater, Associate, Duncan Cotterill
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.


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.