Do you know the hidden risks when dealing with subcontractor issues in construction projects? Are you across recent legalities surrounding payment claims and schedules? Attend as the experts divulge all and walk away with the tips and traps needed to avoid disaster in your next construction law project. Because we know it’s not if, but when, a dispute does rear its head- leave feeling confident in your ability to effectively leverage experts to your advantage by registering now.
9.00am to 10.00am Handling Subcontractor Issues
- Lack of visibility of project documentation
- Hidden risks
- Retentions
- Performance tied to completion of the whole project
- Bespoke forms of subcontractor warranties
Presented by Julia Flattery, Partner, Duncan Cotterill
12.15pm to 1.15pm Construction Disputes Case Update
Join experienced practitioner as they analyse some of the most critical construction dispute cases over the last 12 months. Gain perspective on key facts in each, the important takeaways, and the potential impact on your clients and your practice.
Presented by Rebecca Saunders, Partner, Wynn Williams
10.00am to 11.00am Recent Law on Validity of Payment Claims and Schedules
- How are payees still getting their Claims wrong?
- Aggregate claims or individual “stand alone” Claims?
- How much detail needs to be included in a Schedule?
- What passes as a “reason” for scheduling a reduced amount?
- Does a payer still have to issue a Schedule even when the parties are already in dispute?
Presented by Kelly Quinn, Barrister, Bankside Chambers
Chair:
John Green, Managing Director, Building Disputes Tribunal
11.15am to 12.15pm Using Experts in Construction Dispute Matters
- Beyond Cridge v Studorp: Uses and abuses of expert evidence
- How to get the most out of your experts
- What can go wrong; and how to avoid it
- The latest cases and lessons from around the world
Presented by Michael Taylor, Partner, Russell McVeagh and Michelle Mau, Senior Associate, Russell McVeagh
11.00am to 11.15am Morning Tea
Description
Attend and earn 4 CPD hours
Learning Objectives:
- Benefit from essential practice guidance to develop your skills handling subcontractor issues
- Consider recent law on the validity of payment claims and schedules what you need to know in 2023
- Consider best practice when using experts in construction disputes matters
- Reflect on recent cases in construction disputes and their significance for construction law practitioners
Presenters
Ms. 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.
Ms. Michelle Mau, Senior Associate, Russell McVeagh
Michelle Mau is a Senior Associate in Russell McVeagh's Litigation team. She has a broad practice, advising on a number of high value commercial disputes for leading businesses across New Zealand. In particular, Michelle has expertise and substantial experience advising on property and leasing disputes, construction disputes and insolvency. She is the author and co-author of a number of thought leadership articles and publications. Michelle started her legal career with Russell McVeagh in 2013 and became a Senior Associate with the firm in 2020.
Ms. Kelly Quinn, Barrister, Bankside Chambers
Admitted to the bar in 1993, Kelly’s career included several years in the Construction and Energy team at Simpson Grierson, followed by a stint as a Crown Prosecutor during which he prosecuted over 50 criminal jury trials. He then practised in Hong Kong for nine years including five years in the litigation and arbitration team at Linklaters. 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. Kelly has represented clients in construction disputes involving projects in Hong Kong, India, Japan, China, Vietnam, Thailand and New Zealand.
Ms. Rebecca Saunders, Partner, Wynn Williams
Rebecca Saunders is a construction law specialist. She has particular expertise in dispute resolution, and regularly advises clients on issues relating to payment, cancellation, variations, delay, defects, retentions and certification. She has a broad range of experience in construction adjudication, international arbitration, mediation and court litigation, both in New Zealand and overseas. Rebecca provides advice at the front end on requirements under the Building Act 2004, building contracts and consultancy agreements, and she is familiar with a range of standard forms including Master Build, Certified Builders, NZS:3910/3915/3916, CCCS, AS, NEC3, JCT and FIDIC. Rebecca's clients range from builders, contractors, sub-trades, property developers, tertiary institutions, Crown entities and private individuals Rebecca is a member of the Society of Construction Law and the National Association of Women in Construction. She is also a Solicitor of England & Wales (non-practising).
Mr. Michael Taylor, Partner, Russell McVeagh
Michael practices in commercial litigation with a particular focus on infrastructure, construction and information technology law. He practiced at the London Commercial Bar for over 15 years at a leading construction and IT set, before joining Russell McVeagh. He was ranked as Leading Junior Counsel in The Legal 500 UK and Chambers & Partners UK and is recognised as a rising star in Legal 500 NZ. Michael is a member of the Committee of the Society for Construction Law. He is a thought leader in construction and infrastructure disputes, and recently presented at the annual conference of the Society of Construction Law and published and presented on a construction law update paper with the New Zealand Law Society. He has spoken at the Building and Construction Regulation and Law Conference in October, the Digital Innovation and Delivery to Improve Construction Productivity in November 2019 and Construction Law Masterclass in March 2020.
