Construction: Shaping New Law into Solution-Focused Advice for Your Clients

Thu 12 July 2018

The Caledonian Club 9 Halkin Street London SW1X 7DR

Answers to 13 Thorny Questions: Directly from 5 QCs and 2 Solicitors of Outstanding Ability

5 hrs CPD

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  1. Registration and coffee

  2. Introduction

    Construction: Shaping new law into solution-focused advice for your clients

    Chaired by: Jonathan Hosie of Mayer Brown

    Jonathan is "one of the UK's preeminent construction lawyers". He Chaired working groups for Constructing Excellence and JCT and served on the SCL's Council for 10 years.

  3. Concurrent delay

    Drawing on the North Midland Building case, why do you need to amend concurrent delay allocation clauses in the standard forms?

    Or is it simply a matter for litigators?

    Answered by: Marion Smith QC of 39 Essex Chambers

    Marion "continues to impress with her stellar construction practice." She has a knack for conveying complex law to commercial people. She brings a huge number of cases to the table.

  4. Assignation

    Using real-life examples, how can you assign the benefits of construction contract, so as to avoid the wrangling evident in the Mailbox v Galliford Try litigation?

    Answered by: Paul Darling QC of 39 Essex Chambers

    Paul is "a larger than life personality and a massive presence in court." "When you have a tricky case, you go to him.” He is a Construction Silk of the Year (with more than 60 reported cases).

  5. Morning coffee

  6. Adjudication

    What are the options for a "smash and grab" adjudication following the Grove Developments v S&T litigation for those (1) claiming money and (2) defending against it?

    Answered by: Dominique Rawley QC of Atkin Chambers

    Dominique is one of the UK's most skilled and tactically astute construction law practitioners. She is co-author of the "Construction Adjudication & Payments Handbook."

  7. MT Hojgaard decision

    Concentrating on the standard forms, when do "fitness for purpose" obligations vitiate "reasonable care and skill" obligations and vice versa (with reference to the MT Hojgaard decision)?

    Is there a solution?

    Answered by: Ben Patten QC of 4 New Square

    Ben is "at the top of his game - he never makes a bad point - he is three jumps ahead". He is Co-Editor of Jackson & Powell on the "Liability of Construction Professionals".

  8. Over-run

  9. Lunch

  10. Performance bonds

    In light of the Carillion collapse, are on-demand performance bonds worthwhile?

    What other forms of performance security should clients consider?

    Answered by: David Sears QC of Crown Office Chambers

    David is "absolutely brilliant, a great advocate and a tenacious fighter." He contributed "Delay and Disruption, Damages and Penalties" to Hudson’s Building and Engineering Contracts.

  11. Standard forms

    How has the risk profile of the NEC4 and new FIDIC suite of contracts changed, with reference to (1) dispute avoidance, (2) compensation, (3) design responsibility, (4) payment notices?

    Answered by David Savage of Charles Russell Speechlys

    David is "the kind of lawyer you want on your side; he is superb at commercial bargaining with the other side". He advised on the strategy for the $1bn Bahrain Airport project.

  12. Over-run

  13. Close of conference