Construction Contracts: Hints, Tips and Solution-Focused Answers

Wed 7 November 2018

The Caledonian Club 9 Halkin Street London SW1X 7DR

Answers to 11 Thorny Questions: Directly from 8 of the UK's Sharpest Lawyers

5 hrs CPD

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  1. Registration and coffee

  2. Introduction

    Construction Contracts: hints, tips and solution-focused answers

    Chaired by: Edward Quigg of Quigg Golden

    Edward has a vast amount of practical knowledge of dispute resolution in the Construction Industry. He has been involved in many of the most closely watched cases and is Treasurer of the Adjudication Society.

  3. Caps on liability

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

    Answered by: David Pliener of Hardwicke

    David is a "superb commercial problem solver; extremely likeable and client-friendly." He represented the contractors in a claim arising out of the refurbishment of a function suite for the Holiday Inn.

  4. Performance bonds

    In light of the Carillion collapse, is it time to veer away from on-demand or performance bonds?

    What are the options?

    Answered by: Seb Oram of 3PB

    Seb is "a complete star - one of the best construction barristers out there." "He gets straight to the crux of the matter and is a superb communicator." He acted in the Ziggurat litigation on performance bonds.

  5. Morning coffee

  6. Design liability

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

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

    Answered by: Emily Monastiriotis of Simmons & Simmons

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

  7. Adjudications

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

    Answered by: Matthew Molloy of MCMS

    Matthew specialises in providing quantity surveying services, contract advice and dispute resolution services. He worked for national and regional contractors before founding MCMS in 1996.

  8. Over-run

  9. Lunch

  10. Delay

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

    Answered by: Darryl Royce of Atkin Chambers

    Darryl continues to impress with his stellar construction law practice. He is author of "Adjudication in Construction Law" and a contributing editor to "Hudson’s Building and Engineering Contracts."

  11. Insolvency

    Using real-life examples, what can you do to protect yourself when you are contracting with a party facing insolvency?

    Answered by: Jessica Walker of Mayer Brown

    Jessica is experienced in distressed transactions, restructuring, CVAs and schemes of arrangement. She acted for the administrators of Comet, Suits You and Fenn Wright Manson and for ATP Oil & Gas over its CVA.

  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?

    What is the legal position?

    Answered by: Richard Booth of HFW

    Richard is acclaimed for his skill at drafting, amending and negotiating FIDIC, NEC, JCT, LOGIC, bespoke and associated security documentation. "He is superb at negotiating with the other side."

  13. Over-run

  14. Close of conference