What risks are your clients facing? This dynamic and content-rich 4-hour session dives into the legal implications of the four most significant risks impacting construction projects today. Explore how to limit liability through the construction contract supported by a review of key recent cases. Unpack the latest legislative changes affecting construction insurance and risk allocation. Tackle legal strategies for managing insolvency risks, including how to respond when insolvency is looming. Examine best practices for drafting clauses that address time obligations and delay claims. Gain expert insights on leveraging expert evidence effectively in construction disputes.

Presenters

Kathryn Lydiard, Barrister, FortyEight Shortland
Kathryn commenced her legal career in 2012 in the commercial litigation group of a large Auckland law firm focusing on construction litigation. Kathryn appeared as junior counsel before the Weathertight Homes Tribunal and High Court, including a number of appeals and judicial reviews. Kathryn also represented clients in insolvency proceedings and was involved in providing advice on a broad range of contentious issues. From 2017 – 2021, Kathryn worked at two commercial firms in Auckland. Her practice was varied and the subject matter she advised clients on included construction law, breach of contract, debt recovery, intellectual property, insolvency and contempt of court. She also advised clients in drafting and reviewing construction contracts. Outside of work Kathryn enjoys spending time exploring New Zealand and competing in multisport events.

Melissa Russell, Partner, Hesketh Henry
Melissa Russell is a Partner with over 20 years of experience working in global insurance law teams across New Zealand, London, Hong Kong, and Singapore. She specialises in construction, property damage, and product liability matters. Melissa has extensive experience in mediations, adjudications, arbitrations, and has trial experience in the High Court of New Zealand. She represents insurers and their insureds in the investigation and defence of a variety of large-loss matters. Melissa also assists insurers with drafting policy wordings (all lines), preparing endorsements, and providing advice on regulatory matters in New Zealand.

John Walton, 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.

Kathryn Lydiard, Barrister, FortyEight Shortland
Kathryn commenced her legal career in 2012 in the commercial litigation group of a large Auckland law firm focusing on construction litigation. Kathryn appeared as junior counsel before the Weathertight Homes Tribunal and High Court, including a number of appeals and judicial reviews. Kathryn also represented clients in insolvency proceedings and was involved in providing advice on a broad range of contentious issues. From 2017 – 2021, Kathryn worked at two commercial firms in Auckland. Her practice was varied and the subject matter she advised clients on included construction law, breach of contract, debt recovery, intellectual property, insolvency and contempt of court. She also advised clients in drafting and reviewing construction contracts. Outside of work Kathryn enjoys spending time exploring New Zealand and competing in multisport events.

Julia Flattery, Partner, Duncan Cotterillx
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.

Steve O'Dea, Partner, Anderson Lloyd
Steve is a specialist in infrastructure and construction transactions and project troubleshooting. For over a decade he has advised on transactions and disputes in a range of commercial sectors in multiple jurisdictions, including: major energy and infrastructure projects; public private partnerships; and corporate and commercial matters. Steve provides a comprehensive approach, working with clients to develop and launch their projects and then supporting those clients to navigate the various challenges and disputes that commonly arise. Steve has worked for national and international law firms in both Singapore and London. He relocated from London in 2017 to join Anderson Lloyd’s commercial team. Steve is a qualified solicitor of the Supreme Court of England and Wales (although no longer practising in the UK) and a practising barrister and solicitor of the High Court of New Zealand. He is also a member of the Society of Construction Law New Zealand and the New Zealand Society on Large Dams.