Construction Law: Solution-Focused Answers for Project Managers

Wed 6 December 2017

The Caledonian Club 9 Halkin Street London SW1X 7DR

Answers to 9 Thorny Questions: Directly from 8 of the UK's Sharpest Lawyers

5 hrs CPD

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  1. Registration and coffee

  2. Chairman's Introduction

    Construction Law: Solution-Focused Answers for Project Managers

    Chaired By: Edward Quigg, Director of Quigg Golden

    Edward has vast practical knowledge of the design and construction processes and dispute resolution. He is an observer at UNCITRAL Working Group II on International Commercial Arbitration and the Treasurer of the Adjudication Society.

  3. Good Faith

    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.

  4. Extensions of time

    Drawing on live cases, when can you successfully argue that an extension of time does 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".

  5. Morning coffee

  6. ​MT Højgaard appeal

    After 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 Luke Wygas of 4 Pump Court

    Luke is "a go-to construction law barrister - highly intelligent, straight-talking and commercial". He acted in the Waco v Leeds City Council litigation on waiver, estoppel and payment notices.

  7. Payment notices

    Without clear guidance from the Court as to what you should or shouldn't state, in grey area cases, what tips the balance between a valid and invalid payment notice?

    Answered by: Emily Monastiriotis of Simmons & Simmons

    Emily’s “skill is working out what her clients need and coming up with strategies to deliver it". She is a judge for the Construction News Specialists Awards and sits on RIBA’s Professional Conduct Panel.

  8. Over-run

  9. Lunch

  10. ​​JCT 2016

    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.

  11. ​Consequential loss

    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: Rachael O'Hagan of 39 Essex Chambers

    Rachel is "a rising star" of the Construction bar. She "sifts through issues in a case with ease and takes a common sense approach". She is a Contributor to "Wilmot-Smith on Construction Contracts".

  12. ​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 Richard Booth of HFW

    Richard is "known for his commercial solutions and capacity to get to get the deal done". He is one of the "next generation lawyers" for London construction work. He is the Vice-Chairman of the Adjudication Society.

  13. Over-run

  14. Close of conference

** All speaker quotes are taken from Chambers Directory, Who's Who Legal and Legal 500