Building and Construction Law

Wednesday, 14 June 2017

Grace Hotel
77 York St
Sydney NSW 2000

CLE points:    Four (4)

1.30pm    Introduction from Chair
Chair:    Keith REDENBACH, Principal, Keith Redenbach Legal

Topic 1: Avoiding Construction Litigation and Tips Once Disputes Commence
Speaker: Richard CHENEY SC, Barrister, Greenway Chambers
A practical discussion from the perspective of a construction law silk who, in an earlier life, practised as a site engineer on Sydney CBD high rise projects:
•    Contract clauses - drafting tips
•    Risk management during the build
•    Recording and preserving the ‘evidence’ for later use
•    Alternatives to litigation
•    When litigation is unavoidable – assisting your lawyers to run your case

Topic 2: New Frontiers in Relationship Contracting
Speakers: Lina FISCHER, Partner, Clayton Utz and Irene WALES, Special Counsel, Clayton Utz
A discussion of the latest developments in improving owner and contractor collaboration to reduce disputes, including:
•    The Delivery Partner model - successfully used to deliver the London Olympics and has now been embraced in Australia.  It has so far been adapted for use in NSW in the roads and water sectors and is well suited to major infrastructure projects with time and cost objectives that can't be achieved through traditional procurement models.
•    An innovative new contracting model developed by the Department of Defence - focusing on "Integrated Project Delivery" and the "Project Risk and Issue Settlement Model (PRISM)" to enhance communication, collaboration and successful project completion.

3.25pm    Afternoon Tea

Topic 3: Dispute Avoidance & Management – “Contract Facilitation”
Speaker: Professor Ian BAILEY AM SC, Barrister, Ground Floor Wentworth Chambers
•    The failed traditional model for contract administration. Arcadis Report 2016.
•    The “Independent Intervenor”; “the Initial Decision Maker” & the “Dispute Resolution Advisor”.
•    The development of avoidance, management & resolution of disputes.
•    The new process of “Contract Facilitation” – commercial common-sense.

Topic 4: Security of Payment – Recent Developments
Speakers: Daniel FITZPATRICK, Special Counsel, Dentons and Tessa COOK, Solicitor, Dentons
A discussion of recent developments in relation to security of payment proceedings including:
•    The rise of the reference date post Southern Han Breakfast Point Pty Ltd (in Liquidation) v Lewence Construction Pty Ltd [2016] HCA 52
•    Errors of law and the Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd litigation
•    Trends, tips and traps in adjudication proceedings

5.25pm – 5.30pm    Questions and Close


Grace Hotel
77 York St
Sydney NSW 2000