Infrastructure and Construction Conference: Contracts and Claims
About This Event
Attend the full day and earn 7 CPD units in Substantive Law
With billions of dollars pouring into infrastructure and building and construction in NSW there's no shortage of challenging contractual issues to sort out and potentially messy disputes to clean up. Gain insights into the latest trends, legislation and cases sweeping through the sector.
Session 1: Infrastructure and Major Project Contracts
Procurement and a New Dawn for Bid Challenges
- The legal implications of a badly run tender process
- Causes of action, discovery and damages
- The Government Procurement (Judicial Review) Bill 2017: a new legal landscape for tender challenges, available remedies, and how procuring agencies should prepare
Presented by Scott Alden, Partner, Holding Redlich
Managing Early Engagement in Projects
- Consultant engagement: issues resulting from early client engagement
- Early Contractor Involvement: Why adopt ECI? What are the disadvantages?
- Working with project managers: challenges and how are they best addressed
- Pulling together the contract: Advising on risk allocation and the technical documentation
Presented by Sonya Kroon, Partner, HWL Ebsworth; Recommended Construction and Infrastructure Litigation Lawyer, Doyle's Guide 2017
Innovation and Disruption in Infrastructure
- Up to date insights on how technology is shaping the industry
- 3D printing: the practical, financial and legal implications
- Prefabrication: benefits, risks and what must be considered
- Building information modelling: liability issues and risk allocation
Presented by Alex Hartmann, Partner, Baker McKenzie; Best Lawyers 2018, Construction/Infrastructure Law; Recommended Construction and Infrastructure Litigation Lawyer, Doyle's Guide 2017
Infrastructure and Major Project Financing
- The market's evolution in terms of hybrid models
- The changing government framework
Key risk allocation and contractual implications
Presented by Martin Locke, Director, Lidunian Partners; Adjunct Professor, The University of Sydney Business School
Session 2: Claims and Disputes
LEGAL AND PROJECT MANAGEMENT PERSPECTIVES: Delay and Disruption Claims in Major Project
- The programme
- Programming concepts: critical path, float, contingency
- Considering delay claims: global claims, notice requirements, basis for EOT
- Delay analysis: records and methods (as-built vs as-planned, impacted as-planned, windows analysis)
Presented by Lucas Keogh, Partner, HWL Ebsworth and Jonathan Shahady, Director, TBH
Claims, Limitation Periods and Warranties
- Limitation periods for commencing a claim
- Long life statutory warranties (eg 30 year design life)
- How these warranties work
- Various statutory limitation periods: Limitation Act NSW and Environmental Planning and Assessment Act NSW
Presented by Anais D'Arville, Barrister, Banco Chambers and Jennifer Fitzalan, Senior Associate, Baker McKenzie
Dispute Resolution in Infrastructure and Major Construction Projects
- Tiered dispute resolution clauses and their enforceability
- Expert determination: selecting institutional rules, regulatory framework and enforceability
- DAB/ DRBs: Dispute Boards and issues surrounding drafting and the processes in practice
- Arbitration trends and updates
Presented by Georgia Quick, Partner, Ashurst; Leading Construction and Infrastructure Litigation Lawyer, Doyle's Guide 2017; Best Lawyers 2018, Construction/Infrastructure Law