Construction Law is all about avoiding the risks through tight contracts and managing the disputes as they arise. You’ll analyse the latest case law and its implications, uncover practical strategies for dispute resolution and contract termination, and learn how to navigate adjudication challenges. You will gain clear guidance on managing delays and disruption costs, the best approaches for addressing contract risks linked to construction innovation, and practical strategies for ethical practice—plus, you’ll secure your ethics point.
Unpack the implications of recent decisions of the NSW Court of Appeal, NSW Supreme Court and NSW District Court, covering various aspects of the Home Building Act 1989 (NSW), including:
- The operation of the statutory warranties
- Limitation periods
- Damages
- Home Warranty Insurance
Presented by Carlos Mobellan, Barrister & Mediator, St James Hall Chambers
Chair: Stephen Ipp, Barrister, Greenway Chambers
Chair: Frank Hicks SC, Greenway Chambers
- Drafting tips to consider and apply for dispute resolution: forum, multiparty projects, tiered dispute clauses
- The key signs in the evolution of a dispute and how to manage them
- Strategising: what is in the litigator’s arsenal
- Current trends in construction disputes
Presented by Matthew Taylor, Partner, Gadens
- What is a jurisdictional fact?
- The future of Cardno after a decision of the Court of Appeal?
- What it means for an adjudicator to consider
- Whether it is necessary to challenge a determination if you are a claimant and you consider there is an issue
Presented by David Jury, Partner, HWL Ebsworth Lawyers
- Will discuss issues arising in advising a client on whether and if so how to terminate a construction contract
- What to do if a construction contract has been terminated
- Will also discuss the consequences of termination
Presented by Tom Davie, Barrister, Queen Square Chambers
- Through analysis of recent decisions, you will examine:
- Entitlement to an EOT
- Delay costs, acceleration costs and disruption costs
- Contract administration
- War stories
Presented by Veno Panicker, Partner, Hamilton Locke
Join a panel style discussion based on scenarios that may be encountered in the practice of construction law, including:
- Information and documents received in litigation
- Contract negotiations
- Communications with other solicitors and other parties
- Using linkedin and other social media
Presented by Sheldon Garcia, Partner, Sparke Helmore Lawyers Ross Iannello, Associate, Sparke Helmore Lawyers and Alexandra Morris, Lawyer, Sparke Helmore Lawyers
Attend and earn 7 CPD units including:
6 units in Substantive Law
1 unit in Ethics & Professional Responsibility
This program is based on NSW legislation
The Construction Industry has always been dynamic, adopting new technologies and building methodologies to minimise cost and maximise productivity. Digital tools, such as Building Information Modelling, have gained widespread acceptance. Pre-fabrication and modular building are being promoted as partial solutions to the housing crisis
- How well do existing forms of contract deal with the risk issues arising from these innovations?
- What consequent amendments should you be considering in your contracts?
Presented by Alex Hartmann, Partner, Hall & Wilcox
Presenters
Frank Hicks SC, Greenway ChambersFrank Hicks SC was called to the Bar in 2003 and appointed Senior Counsel in 2017. He is generally briefed in commercial matters, and primarily engaged in technology and construction disputes concerning commercial, industrial and infrastructure projects, and large-scale residential developments.. Since 2014, Doyle's Guide has ranked Frank as a leading junior counsel in construction law, in both NSW and Australia. Since 2015, he has been identified in the Chambers and Partners Guide, Asia-Pacific as a Band 1 barrister in Australia for construction and infrastructure disputes, described as "a 'go to' barrister for construction and engineering disputes", having "a clear analytical approach to construction issues", and "a popular choice for construction and technology disputes and offers experience in a range of forums.
Stephen Ipp, Barrister, Greenway Chambers
Stephen Ipp is a barrister specialising in arbitration, building and construction, commercial, corporations and insolvency law. He acts in a wide range of disputes involving shareholders, commercial fraud, real property transactions, complex recoveries for financiers and liquidators, engineering and infrastructure disputes, general building and strata defect claims. Stephen advises on trial strategy at all stages of the litigation process and works closely with instructing solicitors. He has more than 25 years of experience working with experts across a wide range of professional disciplines. Stephen is recognised in The Best Lawyers in Australia 2021 to 2024 for his expertise in Insolvency and Reorganization Law, for Insurance Law in 2023 and 2024 for Banking and Finance in 2024. He is a Fellow of the Chartered Institute of Arbitrators (UK) (FCIArb).
Matthew Taylor, Partner, Gadens
With more than 15 years’ experience, Matthew’s practice has primarily involved large-scale construction disputes in the Supreme Court of NSW, domestic and international arbitrations and adjudications under the Security of Payments regime. He regularly advises contractors and principals, including councils and the Commonwealth departments in relation to project delivery issues and in security of payment adjudications. This includes acting in respect to disruption claims, contractual breaches, misleading and deceptive claims concerning remediation, variation and cost claims, contract termination and entitlements, and damages claims.
Veno Panicker, Partner, Hamilton Locke
Veno is an expert in the legal issues facing the construction and infrastructure sectors. Clients benefit from his 20+ years’ experience operating within the construction industry, advising on matters from tenders and contracting through project delivery, claims and completion. He approaches his work with positivity and assertiveness and is driven to achieve the best possible commercial outcomes for his clients. Veno is the lead construction and infrastructure partner and is based in Hamilton Locke’s Sydney office. He specialises in advising on complex transactions, as well as major project dispute resolution, enabling him to provide counsel across the entire project cycle. He advises major contractors, developers and consultants across the projects spectrum – from real estate, new energy and civil projects. Prior to joining Hamilton Locke, Veno led the Construction and Infrastructure team at Blackstone Waterhouse, as well as working at Minter Ellison, Maddocks and DibbsBarker.
Sheldon Garcia, Partner, Sparke Helmore Lawyers
Sheldon Garcia is Partner at Spark Helmore Lawyers. Sheldon joined the Projects & Government Commercial team as a partner in April 2024. Sheldon has been a litigator for 20 years and is known for his fact driven approach and high technical skillset. His many years of experience working with local and state government and large multi-national organisations across infrastructure, manufacturing, commercial and residential projects means that he understands the technical and commercial aspects of construction work and ‘speaks the same language’ as his clients. Sheldon specialises in construction dispute resolution, security of payment and contract drafting and review. He advises a broad range of clients beyond the traditional construction industry companies. He also has a niche practice in residential developments and strata in NSW, NSW Government operations (including construction, goods, services and ICT procurements) and advising and managing contract claims on live projects.
Ross Iannello, Associate, Sparke Helmore
Ross is an Associate in Sparke Helmore’s Construction, Projects and Infrastructure team. He specialises in construction, major projects and commercial disputes for construction industry participants in both the public and private sectors. He provides comprehensive legal support to clients including government clients, developers, head contractors, subcontractors, Owners Corporations and homeowners in navigating contractual disputes, complex commercial engagements and dispute resolution on both construction and infrastructure projects. With a strong background in commercial law and a deep understanding of construction law principles, he assists clients in achieving both commercial outcomes and project objectives.
Alexandra Morris, Lawyer, Sparke Helmore Lawyers
Alexandra is a Lawyer in Sparke Helmore’s Construction, Projects and Infrastructure team. She assists in advising public and private sector clients on both contentious and non-contentious matters. She has assisted NSW Government, local government, and contractors of all sizes from national groups to subcontractors, developers, Owners Corporations and homeowners.
Carlos Mobellan, Barrister & Mediator, St James Hall Chambers
Carlos is a barrister who specialises in building cases with an emphasis on matters arising under the Home Building Act 1989, the Building and Construction Industry Security of Payment Act 1999, the Strata Schemes Management Act 2015 and the Design and Building Practitioners Act 2020. Carlos was admitted as a solicitor in 1997 and was called to the Bar in 2004 where he was awarded the Bar Practice Course prize. Carlos has appeared for and against homeowners, Owners Corporations, builders, government agencies and property development companies.
Tom Davie, Barrister, Queen Square Chambers
Tom is one of Sydney’s most experienced and respected construction law barristers. He is the author of the Annotated Home Building Act and a co-author of Understanding Construction Law. He regards building and construction law as a branch of commercial law. Before coming to the bar in 1998 Tom practiced as a solicitor and partner involved in building and construction, commercial, and planning law at major legal practices across three jurisdictions.
Alex Hartmann, Partner, Hall & Wilcox
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).
David Jury, Partner, HWL Ebsworth Lawyers
David has practised in building and construction industry for 25years and has particular expertise in adjoining landowner issues including proceedings under section 88K of the Conveyancing Act. David’s clients include Contractors, Developers and specialist subcontractors. David provides advice on tendering, project delivery, contract administration and dispute resolution including processes under the Building and Construction Industry Security of Payment Act.