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Answers to 11 Thorny Questions: Directly from 7 of the UK’s Sharpest Lawyers and Industry Pros
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Construction Contracts: Hints, tips and solution-focused answers
Chaired by: Edward Quigg of Quigg Golden
Edward is "one of the most switched-on players in the construction industry: immensely experienced, a great communicator and at the forefront of developments." He is Treasurer of the Adjudication Society.
Pay Less Notices
Against a back-drop of recent and live cases, how is the Court interpreting pay less notices under NEC3 and JCT, i.e. timing, procedure, form and content?
Answered by: Seb Oram of 3PB
Seb is "a complete star - one of the very best construction barristers out there." "He secures sensational results." He acted in the CA over whether a professional is liable for services provided gratuitously.
Recovery of loss
Where is the limit on recovery of loss, particularly economic loss, for contractors and clients?
What factors will sway a court in your favour?
Answered by: David Pliener of Hardwicke
David is a "superb commercial problem solver; imaginative, dynamic, incisive and persuasive." He acted in the TCC dispute over the catastrophic collapse of the City Gates Christian Centre in Ilford.
How has Bresco Electrical Services v Michael J Lonsdale changed existing thinking on insolvency set-off and adjudication?
What are the implications for practice?
Answered by: Jessica Walker of Mayer Brown
Jessica is an expert 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.
How do you protect yourself from the legal and technical challenges of applying the BIM protocols in construction contracts, especially data ownership and data accuracy?
Answered by: David Rintoul of Clarkslegal
David "is held in the highest esteem for his expertise, clarity of thought and fantastic skill in construction law." "He sees the bigger picture and is a crucial sounding board when it comes to strategy."
Drawing on live projects, how do you control - and overcome - practical difficulties with the new forms of alliance contracts, i.e. the NEC4 Alliance and the FAC1?
Answered by: Nigel Blundell of Pinsent Masons
Nigel is acclaimed for his skill in handling and negotiating all types alliance contracts. "He is the kind of lawyer you want on your side; creative and superb at commercial bargaining with the other side."
Using real-life examples which expose the problems, what makes a condition precedent stand up in court, e.g. being timed out of adjudications, late submissions of final accounts, claims for EoT?
Answered by: Richard Booth of HFW
Richard has deep expertise in drafting, amending and negotiating FIDIC, NEC, JCT, LOGIC, bespoke and associated security documentation. "He has a real gift for providing user-friendly advice.”
Final account disputes
How do you gain an edge in final account disputes in light of ICI v Merit Merrell Technologies?
What evidence do you need and what are the obligations of your experts?
Answered by: Sarah McCann of Hardwicke
Sarah is "consistently brilliant; extremely pragmatic and commercial; distilling complex matters to their essence." She acted in a £12 million claim for relating to a catastrophic fire at a flagship Boots store.
Close of conference
All speaker quotes are taken from Chambers Directory, Who’s Who Legal or Legal 500