Construction Contracts: Hints, Tips and Solution-Focused Answers

Tue 12 November 2019

The Caledonian Club 9 Halkin Street London SW1X 7DR

Answers to 11 Thorny Questions: Directly from 7 of the UK’s Sharpest Lawyers and Industry Pros

5 hrs CPD

£249 + VAT

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Schedule

  1. Registration and coffee

  2. Chair's Introduction

    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.

  3. 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.

  4. 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.

  5. Morning coffee

  6. Insolvency

    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.

  7. BIM protocols

    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."

  8. Overrun

  9. Lunch

  10. ​Alliance contracts

    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."

  11. Conditions precedent

    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.”

  12. 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.

  13. Over-run

  14. Close of conference