Building and Construction Law Conference

REGISTRATION & COFFEE

Construction industry outlook

We open the conference by taking a macro-level view of Australia’s construction industry. What are the key trends affecting construction in 2019? What is the outlook for 2020? Current hot issues include: regulatory concerns; urban growth plans; labour resources; skill shortages; materials supply chains; major projects and infrastructure pipeline; credit availability; and production costs.

Julie Toth, Chief Economist, AiGroup

The Good, the Bad and the Ugly: Phoenix activity update and insolvency reform

The new insolvency reforms commenced on 1 July 2018 impacting on the right to terminate contracts triggered by insolvency events. The presentation will cover how to navigate the insolvency reforms in the context of the construction industry, the impact on new contracts and dual regimes (pre and post 1 July contracts), as well as ‘step in rights’ and bank guarantees.

• The direction of insolvency reform
• Phoenix activity
• Application of security of payment legislation to insolvent contractors

Ben Sewell, Principal, SK Lawyers

Construction Contracts – is the standard contract dead?

The AS4000 Construction Contract is the most widely used standard construction contract in the Australia and generally regarded as representative of 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 the context of the current shifting dynamics in the Australian construction market, this session examines – from both a front and back end point of view – the legal and commercial basis for some of the more common amendments and additions to the General Conditions and, in doing so, offers a perspective on the extent to which the General Conditions remain fit for purpose.

Sydney: Scott Alden, Partner, Holding Redlich
Brisbane: Suzy Cairney, Partner, Allens and Scott Alden, Partner, Holding Redlich

Collaborative Contracting: why the construction industry needs to embrace it

Design and Construct (D&C) is a well-accepted delivery option for major construction projects. Other option such as collaborative contracting involving different financial models in controls for different risk profiles. The session to cover the process for implementing collaborative contracting, why it needs to be embraced, overcoming the barriers, and practical tips and managing costs and pricing models

Samuel Gobraiel, Commercial and Legal Manager, Freyssinet Australia

Construction disputes – weighing up the options for quick resolution

• Practical aspects of managing disputes
• Different options for solving building disputes
• Advice on pre-litigation strategy
• Options available to effectively and efficiently manage the dispute resolution process
• Stop the problem from escalating
• If it comes down to it… going to court

Sydney: Ashleigh Vumbaca, Senior Associate, Bradbury Legal
Brisbane: Vinesh Singh, Senior Associate, Bradbury Legal

Understanding construction insurance and PI - removing the uncertainty

Professional indemnity insurance in the construction industry - challenges and opportunities The construction industry is facing numerous challenges, from flammable cladding, defective building products to widespread regulatory reform. What role does professional indemnity insurance have to play in meeting these challenges? How have recent legal cases, such as Lacrosse, impacted on the availability and cost of professional indemnity insurance?

In this session, Natasha will address:

• the current state of the professional indemnity market in Australia (and impact of recent cases);
• the impact of cladding exclusions;
• recent regulatory reform to promote the availability of professional insurance (at what cost?);
• future trends in the cost and availability of professional insurance.

Natasha Stojanovich, Partner, Lander & Rogers

Workplace Health and Safety legal update for the construction industry

WHS law reform has had a major impact on the entire building and construction industry and its operation. In a regulatory environment where employers face substantial penalties for not complying with WHS laws and practices, it is essential for building and construction industry participants to have a practical understanding of their WHS requirements and obligations, this session will cover:

• A detailed assessment of the current WHS laws in operation.
• The introduction Industrial Manslaughter laws in select state jurisdictions.
• Case law update on recent WHS decisions and what they might mean for employers moving forward.

Sydney: Brett Feltham, Partner, Gadens
Brisbane: Ross Wilson, Associate, Gadens

Cladding and faulty and dangerous building products – who is liable?

The issue is the balance between, on the one hand, risks for builders and keeping building costs low, and on the other hand, protection for owners. The session will provide background on the Lacrosse tower decision, and the risks arising from non-compliant building products for building industry participants and owners, including who bares risk when things go wrong. We will also consider potential causes of action under Home warranty legislation, contract and common law (e.g. negligence) for defects generally. Finally, we will discuss legislative trends, and how building professionals and insurers might respond to the current issues.

Sydney: Jack Fan, Special Counsel, Clayton Utz
Brisbane: Rachael Schultz, Special Counsel, Clayton Utz

National Construction Code (NCC): how the new regulation impacts risk minimisation in construction

The updated National Construction Code (NCC) came into effect on 1st May 2019 affecting the entire building and construction sector. There have been significant changes in areas including quantification, mandatory fire sprinkler protection requirements, strict regulations on the use of bonded laminated materials such as cladding and the addition of new and amended Acceptable Construction Practices.

Sydney: Simon Croft, Executive Director - Building Policy, Housing Industry Association