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.
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 is a construction and infrastructure lawyer with over 18 years’ experience. She brings a unique perspective and deep understanding of the sector having worked in-house at Fletcher Building. Katrina specialises in complex vertical and infrastructure projects acting for all industry sector participants – principals, consultants and contractors. She has experience in all contracting and procurement models, including PPPs, Alliancing, design and construct, PMO, construction management, ECI and construct-only. Katrina has particular expertise in risk management, project controls and recovery strategies for distressed projects. Katrina is an industry leader and is a board member of Infrastructure New Zealand.
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 Contracts Act, a position that recognises her expertise and seniority in the sector. An expert in a wide range of construction claims and disputes, including under NZ Standard Forms, complex PPP structures and NEC contracts, Karen is trusted for her practical and deep technical knowledge of the sector. She acts for construction and infrastructure clients (including contractors, principals and subcontractors), and for companies and individuals in general litigation. She regularly acts on complex adjudications and arbitrations, also appearing as counsel in the High Court, District Court and Tribunals.
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.
