Unpacking Construction Law Complexities

Are you prepared to navigate the complex landscape of construction insolvency? Attend and understand how best to manage and mitigate risks. Explore the latest considerations for building in the era of climate change and gain expertise in enforcing payment claims and schedules in construction matters. When a dispute does appear, feel confident in your choice of dispute resolution forum as you break down the pros and cons of each in this ultimate construction law roundup. 

Thursday, 15 February 2024
Chair:

Glen Holm-Hansen, Partner, Hesketh Henry

11.00am to 11.50am Enforcement of Payment Claims and Payment Schedules in Construction Matters
  • Can you still get large default payments for invalid Payment Schedules?
  • Examples where enforcement has occurred
  • Is it common for Payment Claims to be invalid?
  • Common mistakes
  • If you have a default situation, how do you best enforce it?

Presented by Graeme Christie, Barrister, Bankside Chambers

11.50am to 12.20pm The Ultimate Guide to Dispute Resolution: Adjudication of Construction Disputes
  • Why needed?
  • Has this been a successful?
  • ‘Dispute’
  • Remedies
  • Protections
  • Future improvements (damages and interest)

Presented by Stuart Robertson, Partner, Dentons

12.20pm to 1.05pm The Pros and Cons of Common Dispute Resolution Forums for Resolving Construction Disputes

In the complex world of construction contracts, selecting the right dispute resolution forum(s) and drafting an appropriate dispute resolution clause for the project and the parties is critical.  An understanding of the nuances of the dispute resolution options is paramount. This seminar will examine the following dispute resolution forums:

  • Commercial negotiation
  • Expert Determination
  • Litigation
  • Arbitration

Presented by Christine Gordon, Senior Associate, Simpson Grierson

9.00am to 9.55am Insolvency: How to Manage and Mitigate Insolvency Risks
  • Some comments on caselaw: Ebert, Debut Homes and Mainzeal
  • The impact of the Construction Sector Accord
  • What are we expecting to see more of?
  • Contractors and consultants utilising limited recourse corporate structures
  • Insolvency processes.  As part of this, we will touch on:
    • Rights under the NZS standard form
    • The contract v the insolvency process
  • Incomplete developments
  • Competition between public and private procurement
  • Retentions law reform

Presented by Kylie Mutch, Partner, Chapman Tripp

9.55am to 10.45am Building for Climate Change: Key Considerations

MBIE has for some time indicated regulatory change as part of its Building for Climate Change programme. These initiatives were in support of the Governments net zero carbon by 2050 goal. Amendments to the Building Act 2004 had been foreshadowed by way of the Building (Climate Change Response) Amendment Bill. Former minister for Building and Construction, Hon Dr Megan Woods had said that the changes would put the environment at the heart of how we build. Government procurement guides currently include guidance to reduction in carbon emissions in building and construction. Notwithstanding the change in Government, regulatory reform in the area will likely continue. Even if it does not, industry will lead the way. The session will be focus on:

  • The potential changes to the Building Act
  • Consider some of the rating tools currently available and which will likely be a feature moving forward
  • Consider carbon reducing procurement

Presented by Matt Maling, Partner, Lane Neave

Description

Attend and earn 4 CPD hours

10.45am to 11.00am Morning Tea
Learning Objectives:
  • Benefit from a detailed breakdown on how best to manage insolvency risks in construction matters
  • Consider risk, opportunities and contractual clauses impaction the construction sector
  • Reflect on the enforcement of payment claims and payment schedules in construction matters
  • Breakdown the pros and cons of various dispute resolution forums in construction matters and ensure you select the most appropriate method
1.05pm to 1.15pm Commentary by the Chairperson and Q&A

Presenters


Ms. Kylie Mutch, Partner, Chapman Tripp
Kylie Mutch is Partner in Chapman Tripp’s construction and major projects team, based in the Auckland office. She works with a range of contractor and developer clients – including government agencies – from project inception to completion. Kylie has advised on projects across a wide variety of sectors, including residential, commercial, mining, energy and infrastructure. She has experience working with a variety of standard template forms of construction and consultancy agreements, as well as bespoke contractual arrangements on more complex deals.


Ms. Christine Gordon, Senior Associate, Simpson Grierson
Christine is a senior associate in Simpson Grierson’s construction group. She is an experienced specialist construction lawyer having developed her skills at Clyde & Co LLP in London and top tier firms in New Zealand. Christine advises a broad range of construction parties from principals, contractors and sub-contractors to engineers, architects and insurers on issues arising both during and after construction. She has experience with New Zealand and international forms of construction contracts and consultancy services agreements. Christine’s experience extends to acting for parties in resolving complex and high value disputes through court, arbitration, mediation, adjudication, expert determination and other dispute resolution forums.


Mr. Graeme Christie, Barrister, Bankside Chambers
Graeme is a Construction Lawyer with over 30 years’ experience in construction law advising on contracts and the many issues arising on construction projects, including 3 years with Linklaters in London. He is well versed in the FIDIC Conditions and their rainbow suite of contracts ( including the 1999 Silver Book) and has acted in many large disputes involving the FIDIC conditions including as arbitrator in an international ICC arbitration. Graeme is a Fellow of the International Academy of Construction Lawyers ( IACL) ( which is invite only and the only New Zealand representative) and has presented at a number of their international conferences. ( The 60 Fellows include the previous and present Chief Justices of Canada and Singapore, as well as Judges of the Singaporean ICC and the English High Court). He has been involved in many major construction infrastructure projects both on and offshore and is well known in the international construction industry. In 2019 Best Lawyer named Graeme as Best Construction Lawyer in New Zealand (an award voted for by his peers). He is regularly listed amongst the leading practitioners in this field in New Zealand, the South Pacific and Australia. Graeme as considerable experience of acting for principals, consultants, contractors, and subcontractors so knows the issues that arise very well. He provides advice on a wide range of construction issues, including structuring and contract documentation, joint venture agreements (including for the iconic 7-star Burj Al Arab Hotel in Dubai – https://www.jumeirah.com) alliancing, partnering, guaranteed maximum price contracts, etc. He also assists clients to resolve construction disputes by means of negotiated settlements, mediation, arbitration, adjudication, and litigation and is well versed in ADR techniques and early intervention to help solve issues. He has been involved in many projects and disputes in numerous Pacific nations including PNG, Fiji, Western and American Samoa, Cook Islands, Tuvalu, and Noumea. He has also appeared in the Court of Appeal in Fiji and the Cook Islands.


Mr. Glen Holm-Hansen, Partner, Hesketh Henry
Glen Holm-Hansen is a Partner in Hesketh Henry’s construction team. He has more than 14 years’ experience advising on a variety of contentious issues, and in-depth experience in a wide range of complex construction litigation. His practice focuses on all aspects of disputes arising in the construction sector, with a particular focus on insolvency and regulatory matters. He has played leading roles in several of the firm’s largest disputes and takes a lead role in significant matters referred to alternative dispute resolution procedures. He also leads Hesketh Henry’s restructuring and insolvency practice, advising on all aspects of insolvency and turnaround processes and litigation. He is a member of NZSCL (New Zealand Society of Construction Law) and AMINZ (Arbitrators’ and Mediators’ Institute of New Zealand). He co-authored the 2024 edition of New Zealand’s section of Getting the Deal Through (Construction).


Mr. Matt Maling, Partner, Lane Neave
Matt is a specialist construction lawyer and leads Lane Neave’s building and construction team. He likes to engage early and gain a detailed understanding of his client’s drivers, project details, risks, and the market, in order to provide strategic project advice that is best for the project and the client’s particular needs. Matt provides an ‘end to end’ service which includes risk analysis, advice as to procurement and project delivery methods, tendering, drafting project agreements, contract negotiations, and dispute avoidance and resolution. His client’s include government, iwi, council controlled organisations, airports, universities, port companies, developers, homeowners and contractors. Matt is a multiple construction law prize winner (University of Melbourne). He is a member of the Society of Construction Law New Zealand, associate member of AMINZ, and a board member of New Zealand Opera Limited.


Mr. Stuart Robertson, Partner, Dentons
Stuart is co-leader of New Zealand’s largest Major Projects and Construction team. He advises national and international clients on how to ensure a successful project and specialises in resolving disputes. Stuart works with clients involved in a wide range of projects, from standalone residential developments to large infrastructure projects in the civil, transport, water, electricity and telecommunications sectors. He has experience in resolving multi-party claims and in dealing with disputes involving leaky buildings. Stuart co-wrote the New Zealand Law Society’s submissions to the select committees dealing with the numerous amendments to the Building Act and the CCA. Stuart identified, and with CCNZ lobbied MBIE for the change to the Construction Contracts Amendment Act 2015 clarifying that the new retentions regime should not apply to all current contracts as at 31 March 2017. Before he became a lawyer Stuart spent a number of years working as a registered electrician then completed a New Zealand Certificate in Engineering. His hands-on experience means he can give you practical, pragmatic advice to resolve any issues that arise during your project. If a dispute is unavoidable he can represent you at mediation, in adjudication, arbitration, or, if necessary, in court.

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Unpacking Construction Law Complexities

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Single Session
Thursday, 15 February 2024
9.00am to 1.15pm Pacific/Auckland
CPD Hours 4
4
$420.00
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