Construction Law Early

Bird

in 8 Hours Offer
Save up
to
Masterclass $500!

26th March 2024 Auckland

Overview

The building, infrastructure and construction sector faces unique challenges when it comes to legal duties and responsibiliti es.

This masterclass is designed for practitioners in the construction industry interested in the basic principles of constructio n law. It will
review general rights and obligations of contractors and employers, as well as time, payment, SOP and dispute related issues in
construction contracts. It is principally designed for non-lawyers in the construction industry but lawyers seeking an introduction to this
area may also be interested.
This masterclass also seeks to provide an introduction to the legal problems arising out of construction contracts. Many construction
contracts are of high value and involve many parties: the customer (employer, principal); a (main) contractor; sub-contractors; suppliers
and a range of professional advisers (architects, engineers, quantity surveyors). The interests of these parties often diverge and disputes
are common.
Construction Law in 8 Hours Masterclass is a one stop for all updates including HR & OHS compliance, managing contractors and
consultants, insurance and liabilities, contractual risks and concerns, as well as procurement and tender management.

Featuring Presentations from Key Industry Experts Including:

Max Whitehead Charlene Fairnie Julia Carlyon

Special Counsel
Managing Director Partner
MinterEllisonRuddWat
Whitehead Group ts Meredith Connell

Hayden Struthers Hamish Bolland Samuel Jeffs

Barrister
Solicitor Partner Bankside Chambers
Lane Neave Chapman Tripp Limited

Jessica Hanning Andy Cartwright Michelle Mau

Partner Senior Associate Senior Associate
Anthony Harper Chapman Tripp Russell McVeagh

Scott Gazley Tina Hwang Dion Morley

Barrister Senior Associate
Associate
Queen City Law NZ
Scott Gazley Limited Duncan Cotterill

Learning Objectives:

Understand the basics of contract law intention, offer, acceptance, consideration, capacity and legality
Stay up to date on the latest industry developments
Discuss the state of current security of payment regime
Organised by:
Overcome legal issues in BIM
Ensure effective compliance with the latest changes
Learn how to minimise your risk in the tender process
Deal with damages for breach of contracts in construction
Understand the dispute resolution process negotiation, mediation, arbitration, and litigation
Assess how to best manage disputes in construction contracts
Avoid disputes in construction
Understand the types of insurance used in construction and manage risk through effective insurance Crown Leadership
Examine consultants liabilities International Group

REGISTER TODAY! Tel: +64 9 889 1017 Email: register@crownleadership.com

8:50 Chairperson Opening Remarks

Max Whitehead, Managing Director, Whitehead Group

9:00 Understanding the Fundamental Elements of a Contract

Identifying the essential elements of a contract

Understanding Intent & its relevance in contracts
Analysing the concepts of invitations to treat, offer & acceptance in a tender process
Different types of contracts and when to use them
Recognise differences between implied and explicit Warrantees
Learn key legal maxims for what constitutes good consideration
Evaluating capacity to contract and how it affects the validity of an agreement

Hayden Struthers, Solicitor, Lane Neave

9:45 Changes to the Retention Regime under the Construction Contracts Act 2002

Purpose of retentions regime and the changes

Discussion of the key changes:
Definition of retention money and how it can be held
Reporting requirements
Impact on liquidations or receiverships
Penalties for non-compliance
Impact of the changes

Jessica Hanning, Partner, Anthony Harper

10:30 Morning Tea and Networking Break

10:50 Pitfalls in CCA adjudications errors by parties and adjudicators which have rendered determinations
unenforceable and how to avoid them

A review of common errors made by parties and adjudicators including; jurisdiction, procedure, service, scope, and
natural justice

The lessons to be learnt from those cases

An overview of key actions to avoid enforceability issues

Scott Gazley, Barrister, Scott Gazley

11:35 Recent Developments in Latent Defect Building Claims

Challenges in identifying fire and structural defects, and the use of modelling

How to best avoid or be able to defend a latent defect building claim

Charlene Fairnie, Special Counsel, MinterEllisonRuddWatts

12:20 Networking Luncheon

REGISTER TODAY! Tel: +64 9 889 1017 Email: register@crownleadership.com

 Agenda:

13:10 Managing Risk In Construction Contracts

Risk management in construction contracts

Exploring warranties and guarantees
Examining liquidated damages clauses
Assessing limitation periods and time bar exclusions of liability
Dealing with exclusive remedies

Hamish Bolland, Partner, Chapman Tripp I Andy Cartwright, Senior Associate, Chapman Tripp

13:55 Avoiding Disputes In Construction

Considerations for your construction contract to avoid disputes

Different disputes resolution clauses and what they mean
Examples of common disputes and how to avoid them
Alternative methods to resolving disputes
When to go to adjudication
When to consider court

Tina Hwang, Senior Associate, Queen City Law NZ Limited

14:40 Afternoon Tea & Networking Break

15:00 Dispute Resolution in New Zealand Standard Contracts

Dispute resolution clauses used in New Zealand Standard construction contracts common pitfalls to avoid;
Considering amendments to your standard dispute resolution clause; and
When and how do I get the lawyers involved?

Julia Carlyon, Partner, Meredith Connell

15:45 Dealing With Damages For Breach Of Contracts In Construction

Examining the general principles for damages

Assessing the various types of damages
Proportionate liabilities and consequential loss
Practical tips for recovering damages

Samuel Jeffs, Barrister, Bankside Chambers Limited

Who Should Attend:

Contract Managers Engineers In-house legal teams

Construction Managers Quantity surveyors Government Agencies and Public Owners
Project Managers Contractors Engineering and construction dispute panel
Builders Site Managers
Architects Private Owners & Developers

REGISTER
12:30 Networking TODAY!
Luncheon Tel: +64 9 889 1017 Email: register@crownleadership.com
Agenda:

16:30 Analysing Changes to the Retentions Regime

The Ebert decision

Complying with the changes to the retentions regime
Best practice for payment claims and payment schedules

Michelle Mau, Senior Associate, Russell McVeagh

17:15 Managing Risk Through Effective Insurance

The relationship between the insurance contract and the construction contract
Composite insurance - Who is insured and for what?
The importance of defining the scope of cover
Defining damage
Defect exclusions and how they work

Dion Morley, Associate, Duncan Cotterill

18:00 Examining Consultants Liabilities

Design and Build Contracts A different regime?

Indemnities, warranties and the proportionate liability regimes
Defining the duty to warn

Daniel Kalderimis, Barrister, Richmond Chambers

18:45 Chairperson Closing Remarks

Max Whitehead, Managing Director, Whitehead Group

18:55 End of Masterclass

Learning Objectives:

Understand the basics of contract law intention, offer, acceptance, consideration, capacity and legality
Stay up to date on the latest industry developments
Discuss the state of current security of payment regime
Overcome legal issues in BIM
Ensure effective compliance with the latest changes
Learn how to minimise your risk in the tender process
Deal with damages for breach of contracts in construction
Understand the dispute resolution process negotiation, mediation, arbitration, and litigation
Assess how to best manage disputes in construction contracts
Avoid disputes in construction
Understand the types of insurance used in construction and manage risk through effective insurance
Examine consultants liabilities

REGISTER TODAY! Tel: +64 9 889 1017 Email: register@crownleadership.com

 LG320
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CONSTRUCTION LAW IN 8 HOURS MASTERCLASS
MASTERCLASS26th March 2024 Auckland

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1. Registrations will be confirmed upon receipt of your completed Registration
Form.
2. Full payment must be made before the date of the event.
3. If you are unable to attend the event, a substitute delegate is welcome at no
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4. For cancellations received in writing within 25 working days prior to the event, a
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REGISTER TODAY! Tel: +64 9 889 1017 Email: register@crownleadership.com