In a period marked by over 1,700 construction companies entering administration, and complaints against builders on the rise across Queensland, it’s now more important than ever to have a robust understanding of domestic building contracts. From common drafting pitfalls and contract variations to defending claims under the Queensland Home Warranty Scheme and costs - this A-Z walkthrough is your shield against industry challenges ahead. Attend and gain the skills needed to craft watertight contracts, handle disputes effectively and keep your and your clients’ construction projects compliant and successful.
Description
Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Professional Skills
This program is based on QLD legislation
Chair:
Stephanie Philippou, Barrister, McPherson Chambers
9.00am to 10.00am Domestic Building Contracts: Key Clauses & Common Pitfalls
- Key clauses in domestic building contracts including:
- Structure/setting out of the contract
- Price change warnings
- Prime costs and provisions sum items
- Variations
- Practical completion
- Extensions of time and liquidated damages
- Common pitfalls in contract drafting including:
- Identifying contract documents
- Drafting bespoke contracts
- Incomplete/incorrect schedules
- Effect if contract not signed
- Attempting to contract out of statutory requirements
-
Drafting special conditions
Presented by Aleisha MacKenzie, Legal Practice Director, Construct Law Group; Recommended Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2023; Founding Member, Building Dispute Practitioners’ Society (Queensland Chapter)
10.00am to 11.00am Challenging and Defending Queensland Home Warranty Scheme Decisions
- Operation of the Queensland Home Warranty Scheme
- When does cover under the scheme come into force?
- What can a builder do if a complaint is made about their work?
- Successfully challenging adverse decisions made by the Queensland Building and Construction Commission
- Successfully defending a claim by the QBCC for money paid out of the insurance fund
Presented by James Morgan, Special Counsel, Mahoneys; Accredited Specialist in Commercial Litigation
11.00am to 11.15am Morning Break
Professional Skills
12.15pm to 1.15pm The Valuation of Costs to Complete Following Termination of a Residential or Commercial Building Contractor
- The value of the work performed at the time of termination
- The tests required to establish a causal link between post termination costs and the remaining work at termination
- Post termination scope change
- Post termination provisional sum adjustments
- The difference between the value of the remaining work at termination and the costs to complete
Presented by Graham Topp, Director, Registered Expert Witness, GTQ Expert Services
11.15am to 12.15pm Practical Completion & Termination for Breach: Common Misconceptions, Pitfalls & Unintended Consequences
- Practical completion as a contractual concept
- The importance of definitions
- Termination pursuant to a clause as opposed to termination at law
- The standard clauses
- Identifying “breaches” which trigger termination clauses
- Dangers of termination clauses
- The need for strict compliance
- Challenges and disputes and the need to keep litigation in mind
- Practical preparation for a QCAT hearing
Presented by Mark Williams, Barrister, Level 24 Chambers: Author, Building Contracts & Regulation Queensland
Presenters
Aleisha MacKenzie, Legal Practice Director, Construct Law Group
Aleisha MacKenzie is Construct Law Group’s Legal Practice Director and founded the firm in 2014. Aleisha is a building and construction lawyer with 20 years’ post qualification experience and a registered adjudicator. Her clients include developers, principals, homeowners, builders, contractors and suppliers. Aleisha’s practice primarily involves construction litigation in both courts and tribunals, dispute resolution, contract drafting and risk management. She also provides advice to both contractors and homeowners on matters relating to the operation of the Queensland Building and Construction Commission (QBCC). Aleisha has been recognised for her contribution to the Housing Industry, winning the HIA Professional Services women’s award in 2018 and 2021.
Stephanie Philippou, Barrister, McPherson Chambers
Stephanie was called to the Bar in May 2021. She primarily practices in the following areas of law: commercial disputes, property law disputes, personal and corporate insolvency. She appears in both state and federal jurisdictions. Prior to coming to the Bar, Stephanie was admitted as a solicitor for 5 years practicing in litigation.
James Morgan, Special Counsel, Mahoneys
James Morgan was admitted as a solicitor in March 2004 and has practised in Commercial Litigation and dispute resolution since December 2004. James has extensive knowledge of construction law, civil procedure in state Courts and Tribunals, insolvency law, and administrative law. James acts for body corporates, builders and building owners, trade suppliers, subcontractors, local governments, directors, franchisees, lenders, borrowers, private schools, liquidators, and bankruptcy trustees. James has been an Accredited Specialist in Commercial Litigation since 21 November 2016.
Mark Williams, Barrister, Level 24 Chambers
Head of Level 24 Chambers in Brisbane and listed for 2019 in Doyle’s Guide as a Leading Construction & Infrastructure Junior Barrister for Queensland and recommended in 2020 and 2021, Mark was called to the Queensland Bar in March 1995. Mark is the author of Building Contracts & Regulation Queensland, a contributing author to the Lexis Nexis online service Lexis Nexis Regulatory Compliance – Building and Construction Module and was a Sessional Academic & Unit Co-ordinator at the Queensland University of Technology Faculty of Law; where he taught the subject Construction and Engineering Law as part of the University’s Master of Laws Programme. In 2017 he was named Contracts Disputes Barrister of the Year for Australia by Finance Monthly UK, the Alternative Dispute Resolution Barrister of the Year for Australia by the International Advisory Experts Awards, Recognised Leader in Construction & Engineering Law Australia by the APAC Insider Legal Awards, and Dispute Resolution Service Provider for the Year in Australia by Global Law Experts.
Graham Topp, Director, Registered Expert Witness, GTQ Expert Services
Graham is a Fellow of the Royal Institution of Chartered Surveyors, and a registered expert witness, certified quantity surveyor and Fellow of the Australian Institute of Quantity Surveyors. Graham is involved in the preparation, analysis, and submission of expert witness reports, addressing issues of quantum. He is retained to prepare reports on construction and engineering disputes in domestic and international arbitration, litigation, adjudication, and expert determination. Graham has provided estimating, procurement, contract, claims (typically related to the valuation of delay and disruption, loss and expense and final accounts) and commercial management on a broad range of projects including rail, metro, power, steelmaking, oil and gas, airport, bridge, commercial, residential, civil, educational, health and industrial. He is acknowledged as a global leader for quantum expert work by Who’s Who Legal.
