Building and Construction Law

Programme:

8:30am Introduction from Chair

Chair: Tom DAVIE, Barrister, Queen’s Square Chambers

8:35am Opening Remarks on the Building Construction and Technology List
The Honourable Justice J STEVENSON, Supreme Court of New South Wales

8:55am Topic 1: ECI Contracting-How to Optimise Early Contractor Involvement
Speaker: Geoff WOOD, Of Counsel, Baker McKenzie and Franco AVERSA, Special Counsel, Baker McKenzie
• What does ECI involve?
• Key features
• Advantages and disadvantages
• Factors to consider in deciding whether ECI is appropriate for your project 
• ECI Process
o Competitive vs Non-Competitive (i.e. sole) ECI process
o Other key process considerations
• Structuring of the ECI Phase Agreement – Key Terms and commercial considerations

9:45am Topic 2: Big Choice in Rotten Apples: To Pay or To Rectify Latent Residential Construction Defects?
Speaker: Garth CAMPBELL, Barrister, 5 Wentworth
• Handling residential defect claims in NSW
• Rectification work under the Home Building Act
• Is there a Contract?
• The limitation period
• Practical outcomes in NSW
• Other jurisdictions

10:35am Morning Tea

10:45am Topic 3: Calling on Unconditional Bank Guarantees
Speaker: Nuala SIMPSON, Barrister, 7 Wentworth

11:35am Topic 4: Collaborative Contracting
Speaker: Michael CREEDON, Head of our Brisbane Projects, Infrastructure and Construction, MinterEllison
• What is meant by 'collaborative contracting'?
• How collaborative contracting can be used in a way that enables the public and private sector to achieve a balance between time, cost certainty, risk allocation and value for money
• Opportunities for the industry to harness the power of collaborative contracting 

12:30pm Questions and Close

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Venue