Construction Disputes Intensive: Extensions of Time, Insurance & Pain Avoidance

Don’t let your project timelines be derailed or overlook potential conflicts that could escalate. Learn how to navigate rising construction costs and evolving regulations that impact your projects. Understand how to identify potential gaps in insurance coverage to ensure your clients are fully protected. Unpack the complexities of extensions of time and acquire skills to identify conflicts in your construction matters before they boil over.

Wednesday, 12 February 2025
Chair:

Katrina Van Houtte, Partner, Dentons

9.00am to 10.00am Construction Law Case Update

 

Stay informed on the latest developments in construction law. Benefit from an overview of recent landmark cases, emerging legal trends, and key rulings that impact the construction industry. Gain insights into critical issues such as contract disputes, liability, regulatory changes, and best practices for risk management as you draw upon recent cases.  
Presented by Josh McBride, Barrister, Richmond Chambers  

10.00am to 11.00am Issues with Extensions of Time: Float, Concurrency and Money

 

  • What is float, and what impact does it have in the EOT context?
  • What is concurrent delay, and how does it affect a request for EOT?
  • When does an EOT generate a right to further payment, and when does it not? 

Presented by Kelly Quinn KC, Bankside Chambers

11.00am to 11.15am Break
11.15am to 12.15pm Insurance and Indemnity in Construction Contracts: The Impact on Liability

 

  • Insurance in the construction industry, and who should take what cover, and what does it mean?
  • Deductibles and exclusions: who should pay?
  • How does insurance affect liability?
  • How to link insurance to indemnity, or not 

Presented by John Walton, Barrister, Arbitrator, Commercial Mediator, Bankside Chambers 

12.15pm to 1.15pm Preventing Pain: Conflict Avoidance and De-escalating Disputes on Construction Projects

 

  • Contract processes: the value of good management and using the process
  • Engineer to the Contract/Independent Engineer – friend not foe: understanding the role they can have in potential conflicts
  • Early issue identification and engagement: lean into potential issues
  • Special conditions: consider practical and interim steps for dispute resolution 

Presented by Karen Kemp, Partner, Anthony Harper

Description

Attend and earn 4 CPD hours

Learning Objectives:
  • Understand the latest developments in construction case law
  • Learn critical aspects of insurance coverage, deductibles, and liability to advise clients on risk management strategies
  • Analyse float and concurrency concepts in extensions of time (EOT) to manage project timelines effectively
  • Develop strategies for conflict avoidance and dispute resolution to mitigate risks

Presenters


Katrina Van Houtte, Partner, Dentons
Katrina Van Houtte is a leading construction and dispute resolution lawyer with 14 years’ experience. Katrina joined Dentons Kensington Swan in July 2019 from the in-house legal team at Fletcher Building and is a Partner in the firm’s Auckland office. Katrina has a broad practice and advises clients on both front-end and back-end construction matters. Given her background in litigation and public law, Katrina also advises clients on a range of other commercial and public law disputes. Katrina has true industry sector experience at the coal-face of the issues that have troubled the industry in New Zealand in recent years. Katrina has been involved in most of New Zealand’s largest building and infrastructure projects in the last few years and her experience includes: the review and preparation of construction contracts, consultancy agreements, performance guarantees and all other related project contractual arrangements (standard form and bespoke); advising on delivery issues that arise during the lifecycle of the project; and advising on the resolution of disputes, whether by way of negotiation, mediation, adjudication under the Construction Contracts Act 2002, arbitration or Court proceedings. Katrina is highly valued by her clients who appreciate her dedication to securing best-for-business outcomes. Her experience enables her to bring a unique perspective and approach the problem from the client’s point of view.


Kelly Quinn KC, Bankside Chambers
Kelly is a leading construction litigator. He has acted for subcontractors, contractors and principals in matters involving a very wide range of construction law issues including claims for disputed variations and extensions of time, claims for prolongation and/or disruption, defects and warranty claims, wrongful termination of contracts, claims for liquidated damages, professional negligence claims against architects and engineers, and the enforcement/defence of claims under performance bonds. He is familiar with the main domestic and international standard form construction contracts and regularly represents clients bringing or defending claims under the Construction Contracts Act 2002.


Karen Kemp, Partner, Anthony Harper
Karen Kemp is an experienced commercial litigator, with specialist expertise in construction and infrastructure disputes. Karen advises national and international clients and consortiums on significant projects across New Zealand, partnering with them to provide smart, strategic advice and practical risk and dispute management solutions. Karen is an appointed Adjudicator on the Construction Panel with AMINZ (Arbitrators’ and Mediators’ Institute of NZ), determining disputes under the Construction Contracts Act, a position that recognises her expertise and seniority in the sector.


Josh McBride, Barrister, Richmond Chambers
Josh was admitted to the bar in 1998 and has worked at leading litigation practices in Auckland, Sydney and London. He specialises in complex commercial litigation, at both trial and appellate level, and has been admitted to practice in New Zealand, New South Wales and Tonga. Josh has particular expertise in disputes concerning technology, media, construction and land law. He acts for a range of clients in the public and private sector concerning these issues, including iwi, prominent New Zealand and Australian corporates, and media entities. Many of these disputes are resolved confidentially, either by way of agreement following mediation, or at arbitration.


John Walton, Barrister, Arbitrator, Commercial Mediator, Bankside Chambers
John Walton is a barrister, at Bankside Chambers in Auckland, practising as an arbitrator (both domestically and internationally), construction contracts adjudicator and commercial mediator. He also probity audits and peer reviews major construction and public procurement projects as an independent advisor. John is admitted as a solicitor in England and Wales and in Hong Kong; he is a past President of AMINZ, Fellow of AMINZ, the Chartered Institute of Arbitrators in the UK and of the Asian Institute of Alternative Dispute Resolution. He is also a member of the Society of Construction Arbitrators in the UK, and in 2019 was made an Honorary Life Member of the Society of Construction Law.

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Construction Disputes Intensive: Extensions of Time, Insurance & Pain Avoidance

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Single Session
Wednesday, 12 February 2025
9.00am to 1.15pm New Zealand
CPD Hours 4
$420.00
$294.00
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