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

Wed 3 July 2019

The Caledonian Club 9 Halkin Street London SW1X 7DR

Answers to 11 Thorny Questions: Directly from 7 QCs and Solicitors of Outstanding Ability

5 hrs CPD

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Schedule

  1. Registration and coffee

  2. ​Chair's Introduction

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

    Chaired by: Paul Darling QC

    Paul "commands enormous gravitas and the very best respect for his advice and opinions.” "His insticts are razor sharp." He regularly appears before the TCC in an array of high-value cases.

  3. Liquidated damages

    When - in construction cases - can you deduct LDs post termination following the Court of Appeal's decision in Triple Point Technology v. PTT [2019]?

    Answered by: Marion Smith QC

    Marion is "technically superb, great at complex matters and very personable." "She takes a no-nonsense approach and secures sensational results." She brings a huge number of cases to the table.

  4. Insolvency

    Which grey areas remain over the interaction of insolvency set-off and construction law following Bresco Electrical Services Ltd v Michael J Lonsdale [2019]?

    Answered by: Robert-Jan Temmink QC

    Robert is "charming, agile and creative." "He answers difficult questions with unmatched authority and gives clear, well-argued advice." He acted in Bresco Electrical Services Ltd v Michael J Lonsdale.

  5. Morning coffee

  6. Conditions precedent

    Which way is the wind blowing for contractors wishing to avoid the consequences of conditions precedent, e.g. being timed out of adjudications, late submissions of final accounts, claims for EoT?

    Answered by: Lynne McCafferty QC

    Lynne is "lauded for her skill in construction disputes." She is "clear, pragmatic and razor-sharp." She defended a firm of architects from two linked TCC claims over allegedly defective wind turbine foundations.

  7. Contract interpretation

    Despite all the noise, how marked is the shift in approach to contract interpretation following Wood v Capita?

    Is it helping to resolve wording ambiguity and ambiguous phrases?

    Answered by: Max Wieliczko of HFW

    Max is co-author of "Construction Contract Variations." He acted in the Court of Session in the hotly contested SSE v Hochtief litigation, over the collapse of a 6km tunnel at the Glendoe hydro-electric scheme.

  8. Overrun

  9. Lunch

  10. SSE v Hochtief

    With SSE v Hochtief bubbling away, how are you to distinguish between design obligations and workmanship obligations?

    What is and isn't insurable?

    Answered by: Jessica Stephens QC

    Jessica is "acclaimed for her heavy weight contraction law practice." "She cuts to the chase an gives direct, clear advice." She is identified by The Times as one of ten future stars of the Bar.

  11. Retentions and PBAs

    How is market practice changing over retentions and project bank accounts following recent high-profile insolvencies?

    What do the trends show, with examples?

    Answered by: Rudi Klein, Chief Executive, Specialist Engineering Contractors Group

    Rudi was actively involved in piloting the ‘Construction Act’ through Parliament. He advised the New Zealand and Singaporean Governments on construction contracts legislation. The SECG represents 60,000 firms.

  12. LOIs

    In the spotlight of Arcadis Consulting v AMEC [2018], what are the legal and practical consequences for drafting and responding to LOIs and pre-construction services agreements?

    Answered by: David Sears QC

    David is "absolutely brilliant, a great advocate and a tenacious fighter, precise and unfailingly good humoured." He acted in Halsbury Homes v Adam Architecture over the application of the payment notice regime to final accounts.

  13. Over-run

  14. Close of conference