Registration and coffee
Construction: Shaping New Law into Solution-Focused Advice for Clients
Thu 22 June 2017
The Caledonian Club 9 Halkin Street London SW1X 7DR
Answers to 9 Thorny Questions: Directly from 5 QCs and 3 Venerated Solicitors
This conference is now over
Construction: Shaping new law into solution-focused advice for clients
Chaired by: Jonathan Hosie of Mayer Brown
Jonathan is one of the UK's most skilled and experienced construction lawyers. He Chaired working groups for Constructing Excellence and JCT. He served on the SCL's Council for 10 years.
Extensions of time
When does an extension of time not run contiguously from the existing date for completion, with reference to the situation of sub-contractors?
Answered by: David Pliener of Hardwicke
David acted for the principal defendant in the multi-million-pound dispute, Accolade Wines v VolkerFitzpatrick. He is a "superb commercial problem solver; extremely likeable and client-friendly".
Caps on liability
How enforceable is a financial cap on liability or a limitation of responsibilities to reasonable skill and care, with reference to the X18 and X15 NEC 3 provisions and JCT?
Answered by: Ben Quiney QC of Crown Office Chambers
Without clear guidance from the Court as to what should or shouldn't be stated, in grey area cases, what tips the balance between a valid and invalid payment notice?
Answered by: David Sears QC
David acted in Harding v Paice, on failure to serve payment and payless notices. He is a contributor to Hudson’s Building Contracts and Emden’s Construction Law. He is "a total knockout and class act".
How has the risk profile of the new JCT 2016 Suite of Contracts changed?
What should you look for when adding amendments to the new contracts?
Answered by: Victoria Peckett of CMS
Victoria is Chair of the drafting committee for the JCT. She is “razor-sharp”, incredibly clued-up and "absolutely excellent". She handles a mix of contentious and non-contentious work for clients such as Shell.
To what extent is the court taking a fluid approach to "consequential loss"; and so giving effect to the intention of the parties and the commercial freedom to negotiate risk?
Answered by: Sarah Hannaford QC
Sarah is a contributor to "Keating on Construction Contracts". She is "unbelievably good in terms of her knowledge and ability to cut through things and get right to the core of the issue". She is a gifted public speaker.
Does “good faith” create an obligation for contracting parties or is it meaningless for the average final account dispute?
What about the NEC concept of mutual trust and co-operation?
Answered by: Marion Smith QC
Marion is highly sought after for large-scale construction disputes. “She provides clear and concise advice and has a wonderfully no-nonsense approach". She is a trustee of the Chartered Institute of Arbitrators.
MT Højgaard appeal
Anticipating the MT Højgaard appeal, how do you comprehend, and what do you do about, the tension between "fitness for purpose" and "reasonable skill and care"?
Answered by: Chantal-Aimée Doerries QC of Atkin Chambers
Close of conference
** All speaker quotes are taken from Chambers Directory, Who's Who Legal and Legal 500
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