Construction contracts: Hints, tips and solution-focused answers

  • Tuesday, 21st May 2019
  • The New Club 86 Princes Street Edinburgh EH2 2BB
  • 5 hrs CPD

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Answers to 14 Thorny Questions: Directly from 8 of Scotland’s Sharpest Lawyers

  1. Registration and coffee

  2. Chair's Introduction

    Construction contracts: Hints, tips and solution-focused answers

    Chaired by: Fenella Mason of Burness Paull

    Fenella advises on all aspects of construction law, from procurement and contract drafting through to dispute resolution. She is "astute, dedicated and creative in trying to sort out solutions."

  3. Adjudication

    What is the savvy way to handle a "smash and grab" adjudication, either claiming money or defending against it?

    Answered by: Iain Drummond of Shepherd and Wedderburn

    Iain has a large adjudication practice, recently concluding a series of complex claims over a major flood engineering project. "He has a creative tactical approach and winning strategies."

  4. Delay

    What is the state of play on concurrent and dominant delay: (1) commencement, (2) impact and duration, (3) overlapping events?

    Answered by: Gavin Walker QC of Axiom Advocates

    Gavin is regularly instructed by contractors in heavyweight construction disputes. "He gets to heart of a problem and gives practical advice." He acted extensively in the Edinburgh Tram Inquiry.

  5. Morning coffee

  6. Design liability

    How is design liability changing under NEC4, JCT, SBCC and Fidic 2017?

    Why is it such a concern and why does it matter?

    Answered by: Michael Conroy of Harper Macleod

    Michael is vastly experienced in all aspects of construction law. He assisted Glasgow City Council with the contracts for the preparation of venues for the 2018 European Championships.

  7. Distressed parties

    How do you assess the financial stability of parties, when the information out there is often out of date?

    How do you protect yourself against insolvency?

    Answered by: Tim Thomas of Ledingham Chalmers

    Tim is highly experienced in commercial litigation and insolvency. He acts in formal appointment work in an advisory capacity and with clients faced by insolvent contractors.

  8. Overrun

  9. Lunch

  10. Payment regime

    What are the implications of payment regime changes in JCT 2016: (1) common valuation date; (2) payment frequency changes and (3) debt recovery mechanisms?

    Answered by: Alison Horner of Addleshaw Goddard

    Alison is advising BAM Construction on the contracts for Barrhead and Our Lady & St Patrick High Schools. "Her knowledge and practical approach to solving problems is invaluable."

  11. Caps on liability

    What are the golden rules for ensuring that caps on liability are (1) robust and (2) enforceable?

    Answered by: Colin Fraser of Pinsent Masons

    Colin specialises in risk-management, dispute avoidance and resolutions. "He makes the complex seem straightforward by providing commercially focused legal advice and is a joy to work with."

  12. Standard form amendments

    When is it a ploy to amend the standard forms, e.g. removing exceptionally inclement weather or discovery of antiquities, as causes for delay?

    Answered by: Jonathan Gaskell of DWF

    Jonathan advised on the construction of a new circa 190,000 square feet office development at the New Waverley development in Edinburgh. "He is knowledgeable, pragmatic and commercial."

  13. Over-run

  14. Close of conference

All speaker quotes are taken from Chambers Directory, Who’s Who Legal or Legal 500

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