Agenda


8.30AM Registration & Coffee
9.05AM Welcome from the Chair
John Green, Arbitrator, Adjudicator, Mediator & Director, Building Disputes Tribunal

9.10AM Construction industry outlook

We open the conference by taking a macro-level view of the construction industry and discussing what needs to happen at an industry level to prevent a crisis in construction. Issues to be addressed include: structural problems and labour resources; the extent of the construction Insolvency problem; margin pressure and the problems with underbidding; and building quality and defects.

Geoff Hunt, McConnell Group President and Chair, The Construction Strategy Group
9.50AM Managing insolvency risk in the construction industry

The 2018 insolvency of Ebert Construction sent shock waves through the New Zealand construction industry. Given the significant direct and flow-on impacts of insolvencies in the construction sector, is the balance of risk fairly reflected in the current operating environment? The session considers potential insolvency risk in construction contracts, how to mitigate insolvency risk and insolvency protection measures.

Lara Bennett, Executive Director, PwC
Josh Cairns, Partner, Simpson Grierson
10.30AM MORNING TEA
11.00AM NZS3910 – is it still the “industry standard?”

The NZS3910:2013 General Conditions of Contract are the most widely used standard construction contract terms in the NZ market and are generally regarded as the “industry standard”. Yet the reality is that the General Conditions are often amended and supplemented by Special Conditions of Contract, in some instances to the point where the General Conditions are rendered largely ineffectual. In more recent times, there has been a noticeable trend in the market towards realignment with the General Conditions. This session examines the legal and commercial basis for some of the more common amendments to the General Conditions and offers a perspective on the extent to which the General Conditions remain fit for purpose as an industry standard in the absence of modification.

Jesse Wilson, Partner, Bell Gully
Ian Becke, Senior Associate, Bell Gully
11.40AM Concurrent delay and extension of time

Delay and disruption are endemic in the construction industry and lead to time and cost overruns. The session will cover assessing delay and disruption on construction projects, and issues as to whether there is concurrent delay. This practical presentation will show how contracts can consider the risk of concurrent delay including costs extension of time and variations.

Fouad El Chikhani, Founder and Managing Director, FC International
12.20PM Industry Panel: Fair risk allocation in construction

While it is impossible to remove all the risks from construction projects, the balance between fair risk allocation with commercial viability needs to be re-examined. The panel discussion will cover if ‘fair’ risk allocation impacts commercial viability, the role of regulation in risk allocation to different parties and how to effectively manage risk from different perspectives.

Sam Jack, General Counsel – New Zealand, Fulton Hogan Ltd
Sean Garelli, General Counsel, Tonkin + Taylor
Lyndon Evans,
Director, NZ Strong
Michael Sentch, Manager Project Unite and Current Executive member of the Roofing Association of New Zealand (RANZ)
1.00PM LUNCH
1.50PM Cladding claims and liability: who is responsible?

With the Grenfell Disaster in the UK drawing international coverage, building cladding has come under scrutiny in the past 12 months. This session will cover the possible NZ regulatory response and Australian regulatory responses to these risks, the duties and responsibilities. There will be discussion on liability for cladding removal as well as issues in sourcing non-conforming products.

Helen Macfarlane, Partner, Hesketh Henry
2.30PM Construction disputes – weighing up the options for quick resolution

With increased construction activity comes an inevitable increase in building, construction and engineering disputes. The session will focus on practical aspects of managing disputes, advise on pre-litigation strategy and options available to effectively and efficiently manage the dispute resolution process and critical issues not to ignore.

Jo-Anne Knight, Partner, Simpson Grierson
3.05PM AFTERNOON TEA
3.30PM Construction financing disputes

The session will cover broader construction financial disputes, on-demand bonds and calls upon payment, drawing on the decision on the Clark Road Developments Limited v Rohits Civil & Infrastructure Limited & China Construction Bank (New Zealand) Limited case. The session will also cover the banking perspective on security of payment and on-demand bonds, responsibilities and payment of bonds.

Ariana Stuart, Senior Associate, Kensington Swan
4.10PM Understanding construction insurance

Minimising construction risk through insurance is a necessity, especially in the light of the recent legislative and regulatory changes. What are the insurance requirements from damage at the contract site to professional liability, what are the areas of contention and what are the implications to achieve a successful outcome?

Ed Crook, Professor of Law, University of Canterbury Marika Eastwick-Field, Partner, Russell McVeagh
4.50PM END OF CONFERENCE

Date & Location

Auckland: 27 February 2019, Crowne Plaza

Early bird cost

$595 + GST
*Earlybird closes 18 January 2019

Full Price

$650 + GST

Questions

For any event enquiries please email eventsnz@thomsonreuters.com or phone 09 361 8925