This program, offering 3 CPD units, will provide valuable insights into several critical areas. You will learn how to manage contractor relationships effectively, with a focus on contract administration and dispute resolution strategies. Gain essential professional skills in drafting and negotiating key clauses in construction contracts, with an emphasis on risk management and contract administration.
Tuesday, 11 March 2025
Description
Attend and earn 3 CPD units including:
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Practice Management & Business Skills
2.00pm to 3.00pm Mastering Contractor Relationships: A Practice Management Guide for Construction Lawyers
- Construction as a Relationship Business: explore key players in construction projects, their roles, and how building strong relationships is essential for success
- Effective Contract Administration: Learn how to be an effective Superintendent as an addition to your practice to ensure smooth project execution and prevent issues before they arise
- When Projects Go Off Track: discover practical strategies to resolve disputes and work with contractors to get troubled projects back on track, minimising legal and financial risks
Presented by Matthew Taylor, Partner, Gadens
4.00pm to 4.15pm Afternoon Tea
Chair
Carlos Mobellan, Barrister and Mediator, Third Floor St James Hall Chambers
Professional Skills
3.00pm to 4.00pm Drafting and Negotiating Key Clauses in Your Construction Contracts
- Learn how to identify and articulate your client's role and objectives in the construction process to inform contract negotiations
- Pre-construction risk management: develop skills in drafting key risk clauses, including payment terms, warranties, indemnities, defects liability, and set-off provisions to mitigate potential disputes
- Effective contract administration: gain insights into timely contract administration practices, including accessing security and managing variations related to increases in labour and materials during the construction phase
- Navigating financial crises: understand strategies for ensuring client payments, addressing project takeovers (novation), and handling default and termination scenarios
- Relevant legislation: proportionate liability; security of payments; personal property security interests; work health & safety requirements
Presented by Anthony Herron, Special Counsel, PCL Lawyers
Ethics & Professional Responsibility
4.15pm to 5.15pm Professional Ethics and Responsibility in the Engagement Of The Court’s Coercive Powers
- Obtaining ex parte injunctions and the duty of candour
- Ethical obligations when enforcing judgments by garnishee
- Ethical obligations when using the online court
- Practical and ethical aspects of prosecution of contempt
Presented by David Hughes, Barrister, 7 Wentworth Selborne Chambers; Recommended Construction & Infrastructure Junior Counsel, Doyle’s Guide 2024, 2023
