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ANNUAL SYDNEY CONSTRUCTION LAW CONFERENCE
THURSDAY 19 MARCH 2020
VENUEHeritage Ballroom - The Fullerton Hotel 1 Martin Place, Sydney NSW
Canberra Level 9, 2 Phillip Law Street Canberra ACT 2601 T +61 2 6243 3699 F +61 2 8241 5699
Sydney Level 32, 19 Martin Place Sydney NSW 2000 T +61 2 8241 5600 F +61 2 8241 5699
Brisbane Level 11, 66 Eagle StreetBrisbane QLD 4000 T +61 7 3233 8888 F +61 7 3229 9949
Newcastle Level 2, 16 Telford StreetNewcastle NSW 2300 T +61 2 4914 6900 F +61 2 4914 6999
Melbourne Level 27, 101 Collins Street Melbourne VIC 3000 T +61 3 9067 3100 F +61 3 9067 3199
DETAILS
Date
Thursday 19 March 2020
Time
8.15am registration for 9.00am Industry Networking 4.00pm - 6.00pm
VenueHeritage Ballroom The Fullerton Hotel 1 Martin Place Sydney
ContactJocelyn Sigley +61 2 8241 5636 [email protected]
Format
Presentations are delivered in a relaxed environment. They involve short sessions that facilitate question and answer opportunities.
Annual Sydney Construction Law Conference
Conference agenda
8.15am Registration opens
9.00am Welcome
Session 1 Panel Discussion: Year in review
Over the past 12 months there have been a number of significant legal developments relevant to the construction industry. Some of these include:
• the registration of Engineers and the professional standards which will be codified• how the prosecution of certifiers has risen in prominence and the impact that this is
having on the industry• the NSW Government's ‘pillars of industry’ reforms and the proposed introduction
of licensing of contractors• trends in Arbitration and the prevalence of this form of dispute resolution
Our panel will discuss how these developments have impacted, and will continue to affect industry stakeholders. We will explore the practical effects of the key recent cases and legislative changes.
Session 2 Keynote Paper: Risk allocation and the retirement of traditional ‘contract models’ – the ongoing evolution of hybrid contracts in NSW and the maturing approach to risk allocation on major projects
With much industry talk and media attention focused on the heated construction market, cost blow-outs, project delays, risk allocation and contract models, and the ongoing debate around the advantages and disadvantages of so-called ‘collaborative contracting’, we will explore the evolution of contract terms, risk allocation and compensation models in NSW. We will also reflect on emerging trends that are evolving interstate and abroad.
We will offer practical insights into the benefits of taking a mature and nuanced approach to risk allocation and discuss the importance of structuring contracts that incentivise the right behaviours on all sides of the project.
10.40am Morning tea
Session 3 Paper: D-Day - Disruption, delay and the dollars
Unsurprisingly, construction contracts devote significant attention to the concept of time-related events and minimising the impact of delay to projects. Despite the care with which such instruments are prepared, time remains a common source of construction claims and disputes. These disputes are notoriously complex.
Projects are embarked upon in the expectation that they will be delivered on time and under budget without protracted disputation. However, experience dictates that claims resolution is a consistent part of project delivery in Australia.
We will provide our delegates with tips that can be taken to proactively minimise such risks and manage claims, including:
• steps to ensure that privilege is maintained; • the retention of independent experts; • how document control should be undertaken if a dispute arises; • isolating events that are encountered; • the distinction between delay and disruption; and• when do the dollars come into the equation.
Session 4 Interactive Workshop: Security of Payment Act
Whether it be an opportunity or risk for your organisation (or both), the Security of Payment (SOPA) regime is over 20 years old and now a ‘fact of life’ when it comes to delivering construction projects in NSW.
In this interactive workshop session, our Claims Team will walk through the various processes and procedures under SOPA by reference to a practical case study. The content will cover:
• recent amendments to the legislation and impacts on project-delivery;• common tricks and traps to maximise your entitlement;• how to identify ‘red-flags’ that a subcontractor is looking to utilise the mechanisms under the Act;• strategic considerations in exercising rights under the legislation; and• systems your organisation should be employing to avoid missing key dates.
This workshop will include problem-based questions to be worked through in groups, and will encourage participants to share their experiences and challenges in the Security of Payment arena.
12.30pm Lunch
Session 5 Defence Contracting
With a significant commitment of Defence spending and a pipeline of sustained growth in Defence projects, we will examine emerging trends in the procurement strategies, contract terms, risk allocation and compensation models adopted in the Defence sector.
There will be consideration of recent developments in project delivery strategies adopted by the Department of Defence and provide practical guidance on navigating projects in light of these developments.
Session 6 Panel Discussion: Emerging technology, related cyber security risks and how they can impact your project
An increasing number of projects are adopting innovation to better collect, analyse and harness their data with a view to driving smarter project management, safety and other processes. The construction and infrastructure sector has been an intelligent early adopter of technologies such as “The Internet of Things” and predictive analytics, and has leveraged these to enhance the delivery of significant projects in Australia and abroad. This session will explore the opportunities presented by such technologies while also addressing associated risks and challenges, particularly from a data governance and privacy perspective. We will also touch on some of the developing trends that our clients are dealing with in relation to the electronic execution of contracts and click wrap terms.
Session 7 Panel Discussion: Industry update
The construction industry is never static and always adapting to address legislative developments, technological advancements and new market opportunities. During this session, our expert panel will discuss what they are seeing in the industry right now in terms of reactive change and opportunities for future innovation. You will hear from our experts who specialise in:
• Workplace Health & Safety;• Building defects and how they are being dealt with by the Courts and Government;• Managing Insurance and Risk alongside the contractual framework; • Recent issues associated with dealing with water and waste disposal for large scale projects; and• Energy and renewables projects: policy update and industry trends.
Q&A and close
4.00pm -6.00pm
Industry Networking - food & beverages served
In accordance with our commitment to the environment, we are not providing a printed set of powerpoint presentations at the conference. If you would like an electronic copy of the presentations, please contact Jocelyn Sigley on
[email protected] or +61 2 8241 5636.
Conference presenters and team members
Eva VicicPartnerE [email protected]
Alex HutchensPartnerE [email protected]
Darren WilliamsSenior AssociateE [email protected]
Erika WilliamsSenior AssociateE [email protected]
Chris NielsenSpecial CounselE [email protected]
Brett SangsterPartner E [email protected]
Alex PowerSpecial CounselE [email protected]
Charlotte AumullerLawyerE [email protected]
Cameron BakerLawyerE [email protected]
Anna MacGillivraySenior AssociateE [email protected]
Brittany ParkerSpecial CounselE [email protected]
David SaundersLawyerE [email protected]
Evan EconomoPartnerE [email protected]
Jason LiuLawyerE [email protected]
Jemma KeysLawyerE [email protected]
Joseph JonesSenior AssociateE [email protected]
Kathryn Te'oSenior AssociateE [email protected]
Kate Swain PartnerE [email protected]
Conference presenters and team members
Xavier MilneSenior AssociateE [email protected]
Michael RochesterPartnerE [email protected]
Russell ThirgoodPartnerE [email protected]
Matthew McMillanPartnerE [email protected]
Peter WhyteLawyerE [email protected]
Patrick HollandPartnerE [email protected]
Steve PatrickDirector - McR DefenceE [email protected]
Strati PantgesSpecial CounselE [email protected]
Nathan GrovesLawyerE [email protected]
Stephen WhitePartnerE [email protected]
Milan GandhiLawyerE [email protected]
Kristen PottsSenior AssociateE [email protected]
Louise HorrocksPartnerE [email protected]
Matt BradburyPartnerE [email protected]
Nathan RobertsSenior AssociateE [email protected]
Zoe HinchliffeLawyerE [email protected]
mccullough.com.au
