4 Critical Construction Law Reforms: Building Bill, DBPA, SOPA, & Unfair Terms

Don’t ignore these top 4 construction legislation reforms! When a failure to understand and implement the reforms of the DBP Act, Building Bill, Unfair Contracts Terms legislation and the Security of Payment Act (SOPA legislation) into your construction contracts, it can have dire consequences for all parties involved – ensure you’re across the biggest legislative issues affecting the sector right now. With legal landmines around every corner, breakdown landmark cases, ensure compliance and fairness in your contracts and minimise contractor risk with adherence to provisions.

Wednesday, 18 September 2024
Early Bird Discount ends 2 Aug 2024 $353.50
Description

Attend and earn 4 CPD units in Substantive Law
This program is based on NSW legislation

BREAKING GROUND: KEY LEGISLATIVE DEVELOPMENTS IN CONSTRUCTION LAW
9.00am to 10.00am Design and Building Practitioners Act Update

 

  • Recent case law developments
  • Breadth of duty of care: extension beyond residential construction
  • Apportionability post Pafburn
  • Step in risks: risks for parties stepping in to complete projects (e.g. on insolvency)

Presented by Alex Hartmann, Partner, Baker & McKenzie; Recommended Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2015-2024

10.00am to 11.00am Building Legislation Amendment Bill 2023 Update


With the introduction of the Building Bill by the government, intended to create end-to-end accountability for building works in NSW, benefit from a timely update to ensure you’re across the it’s key features and consider the impact on your construction law practice, including:

  • Investigating residential building works
  • Rectification Orders
  • Stop Work Orders
  • Building product safety: chain of responsibility

Presented by Mario Rashid-Ring, Senior Associate, Bartier Perry; Accredited Specialist in Commercial Litigation

11.00am to 11.15am Morning Tea
11.15am to 12.15pm Navigating the New Unfair Contract Terms Legislation in Building Contracts

 

  • Examining of the scope of the legislation in the context of building contracts
  • Matters to consider when drafting contracts
  • Litigating unfair contract term cases

Presented by Jonathan Adamopoulos, Barrister, 7 Wentworth Selborne; Recommended Construction & Infrastructure Junior Counsel, Doyle’s Guide 2024

12.15pm to 1.15pm Drafting and Administering Contracts with One Eye on the Latest Security of Payment Laws


Be provided with practical guidance on how to draft and administer construction contracts consistently with the Building and Construction Industry Security of Payment Act 1999, including with respect to due dates for payment, pay when paid provisions, deeming provisions and more.
Presented by Sarah Hammond, Partner, Moray & Agnew Lawyers

Chair

Danny Feller SC, 2 Selborne Chambers

Presenters


Danny Feller SC, 2 Selborne Chambers
Danny is a leading senior counsel specialising in construction, infrastructure and insurance law. He is an experienced litigator of long standing, having been in continuous practice at the NSW bar since the date of his admission. Over that time, he has practised in a wide variety of fields and jurisdictions, including common law, equity and appellate work. He is also a mediator and is experienced in alternate dispute resolution. He has been recommended in Doyles as a Leading Construction & Infrastructure Senior Counsel. He has served as a NSW Bar Association approved arbitrator for the District and Supreme Courts. Danny also served as Head of Chambers and Chairman of the board of Edmund Barton Chambers until his recent retirement from that position.


Alex Hartmann, Partner, Baker & McKenzie
Alex Hartmann is a Partner at Baker McKenzie. With over 30 years' experience, Alex Hartmann advises clients in the construction and engineering sectors across universities, state-owned corporations, institutional property owners, developers, utilities, hotel and hospital operators, contractors, major equipment suppliers, financiers and consultants. As a projects and construction lawyer, Alex has experience in all facets of project delivery from contract structuring, drafting and negotiation through to advice on contract administration and dispute resolution (including adjudication, litigation, arbitration and alternative dispute resolution).


Mario Rashid-Ring, Senior Associate, Bartier Perry
Mario Rashid-Ring is a motivated and highly capable commercial litigator specialising in construction & infrastructure. Mario works with a diverse mix of clients, ranging from large multinationals to individuals, and believes that the key to building and maintaining strong relationships is continuous, open and effective dialogue. His technical knowledge of the law, coupled with his degree in Business and Commerce helps Mario deliver tailored and practical solutions to his clients at all times. Ever mindful of the commercial realities of disputes and the specific merits of each case, Mario encourages the strategic use of alternate dispute resolution methods when appropriate. However, when litigation is deemed necessary, he readily assists clients across a range of Australian jurisdictions.


Jonathan Adamopoulos, Barrister, 7 Wentworth Selborne
Jonathan was called to the bar in 2018 and accepts briefs in all areas of law. He has particular expertise in intellectual property, building and construction, employment and safety, and commercial and corporate disputes. Prior to being called to the bar, Jonathan was a senior associate at Allens, where he maintained a diverse litigious and advisory practice. He also acted for clients in response to regulatory investigations and prosecutions. He has acted for and advised government departments and private sector clients in a variety of industries and sectors including financial services, telecommunications, pharmaceutical, transport, property investment and FMCG. Jonathan is a sessional lecturer in law at Western Sydney University where he lectures in civil procedure and arbitration, and work health and safety law. He is also an adjunct lecturer in advocacy at the College of Law. Jonathan is a co-author of Zuckerman on Australian Civil Procedure, one of the leading texts on civil litigation, and a contributor to National Work Health and Safety Law. He is also a headnoter for the Intellectual Property Reports. Jonathan was again recognised as a recommended junior in Doyle's Guide's latest Leading New South Wales Construction & Infrastructure Junior Counsel - New South Wales, 2024.


Sarah Hammond, Partner, Moray & Agnew Lawyers
Sarah is Partner at Moray & Agnew Lawyers. Sarah is an experienced commercial litigation and building & construction lawyer. She has an impeccable track record on major disputes in all courts including the High Court, Court of Appeal and Supreme Court. She has particular expertise in disputes pursuant to the Building and Construction Industry Security of Payment Act 1999 (NSW), and judicial review challenges to decisions under that legislation in the New South Wales Supreme Court. Her experience also extends to providing advice on the negotiation and conclusion of high risk and high value commercial contracts (professional services, supply of goods and/or services, master supply, ICT (including software licencing, IT consultancy, server maintenance, cloud hosting), IP) and construction contracts (D&C (including GC21, AS 4300), construct only, minor works, professional services). She has also spent considerable time on major client retainers and secondments, including with public and statutory bodies and publicly listed companies. Clients commend Sarah on her complex problem-solving and strategic decision making. In particular, she enjoys assisting construction professionals to keep projects on track by offering early, practical assistance to avoid and resolve disputes and manage claims and notifications (such as payment claims and schedules, EOT claims, delay notifications, variation claims, latent conditions and completion notification).

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4 Critical Construction Law Reforms: Building Bill, DBPA, SOPA, & Unfair Terms

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Single Session
Wednesday, 18 September 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
$505.00
Early Bird Discount ends 2 Aug 2024 $353.50
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