Construction Law: Unfair Contracts, Drafting, Insolvency and Disputes

The construction sector is brimming with potential risk and real conflicts. Don’t miss your chance to explore the far-reaching effects of the Unfair Contracts Regime on construction law, receive essential drafting tips for construction contracts in the current climate and delve into insolvency in construction matters. When disputes do rear their head, benefit from a discussion around the best forums, and strategies for resolving construction disputes. There’s a lot to keep up with. Don’t be caught out. 243Q09

Thursday, 14 March 2024
Chair:

Robert Holt KC, Alfred Lutwyche Chambers

10.00am to 11.00am Construction Contracts: Key Tips for Drafting in the Current Climate

How to prepare contracts that appropriately manage today’s construction risks, including: 

  • Effective cost escalation clauses
  • Fair and reasonable time bars
  • Innovative dispute resolution mechanisms

Presented by Karyn Reardon, Partner, Piper Alderman; Best Lawyers 2024, Construction and Infrastructure Law

9.00am to 10.00am Implications of the Unfair Contracts Regime on the Construction Industry
  • Increased fairness and transparency
  • Greater reassessment of risk allocation and liability
  • More complex negotiations of construction contracts
  • Increased compliance costs
  • Changes in dispute resolution processes

Presented by Michael Creedon, Partner, MinterEllison; Recommended Front End Construction, Infrastructure & Projects Lawyers – Australia, Doyle’s Guide 2023, Preeminent Front End Construction & Infrastructure Lawyer, Doyle’s Guide 2022

11.15am to 12.15pm Insolvency and the Construction Sector
  • Risks up the contractual chain
  • Risks down the contractual chain
  • Security, retentions and PPSA
  • Ipso facto and alternatives to contract termination

Presented by Luke Preston, Partner, Carter Newell Lawyers; Best Lawyers 2024, Alternative Dispute Resolution and Sarah Ewing, Special Counsel, Carter Newell Lawyers

12.15pm to 1.15pm PANEL DISCUSSION: Construction Disputes: Legislation, Forum, and Strategies
  • Legislation and contractual rights: how do they intersect?
  • Using the Australian Consumer Law?
  • Court or Arbitration? Speed, efficiency and finality
  • What claims suit which forum?

Facilitator: Robert Holt KC, Alfred Lutwyche Chambers

Panelists:

Michael Creedon, Partner, MinterEllison; Recommended Front End Construction, Infrastructure & Projects Lawyers – Australia, Doyle’s Guide 2023, Preeminent Front End Construction & Infrastructure Lawyer, Doyle’s Guide 2022

Karyn Reardon, Partner, Piper Alderman; Best Lawyers 2024, Construction and Infrastructure Law

Luke Preston, Partner, Carter Newell Lawyers; Best Lawyers 2024, Alternative Dispute Resolution

11.00am to 11.15am Morning Tea
Description
Attend and earn 4 CPD units in Substantive Law

This program is based on QLD legislation

Presenters


Ms. Karyn Reardon, Partner, Piper Alderman
Karyn Reardon has specialised in the resolution of large construction and engineering disputes since 1995. She has successfully facilitated the commercial resolution of a wide range of disputes using a variety of processes (including traditional court processes, arbitration, adjudication, mediation and others). As well as drafting and reviewing project documentation, Karyn regularly advises members of the construction and engineering industries on how legislative and other changes will affect their business. She has first-hand experience in the construction industry, having worked for one of Australasia’s largest rural construction companies. Karyn regularly delivers papers to construction industry bodies and at alternative dispute resolution forums. She has teaching experience with the Queensland University of Technology and has conducted onsite training for corporate and government clients. She is a graded arbitrator and an accredited mediator.


Mr. Michael Creedon, Partner, MinterEllison
Michael is the Practice Group Head of MinterEllison’s Projects, Infrastructure and Construction Group in Brisbane. He has over 29 years experience in the engineering and construction industry, including 8 years as a practicing civil engineer both in Australia and the UK. He has an excellent reputation for innovative procurement and project delivery advice across a broad range of industry sectors. Michael applies a common sense approach to identify project risks and providing guidance on the most appropriate delivery model for any given project. Michael is also very experienced at providing contract administration advice and strategic advice concerning the prevention and management of disputes. His civil engineering background means that Michael is able to understand the underlying technical issues – often critical to resolving claims quickly and favourably. Michael has been independently recognised as one of Australia's top lawyers in Best Lawyers International (as published in The Australian Financial Review) for Construction / Infrastructure in 2012-2019, Transportation in 2015-2019, Alternative Dispute Resolution in 2016-2019 and Government Practice in 2016-2019. He is also ranked on the Australian Doyle's Guide as 1 of 3 'Pre-eminent' Queensland front-end Construction Lawyers in 2017-2018. He has been an active member of the editorial board of the Australian Construction Law Bulletin (ACLB) since 2012 and is a sessional lecturer at the University of Queensland in Construction Law.


Mr. Luke Preston, Partner,
Luke Preston is a Partner in Carter Newell's Construction & Engineering team. Luke has 30 years' experience in commercial litigation, construction law and insolvency in Queensland, and regularly acts in payment claims and adjudication applications under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) and parallel legislation interstate. Luke’s practice includes representing leading Australian construction contractors, miners, heavy engineering contractors and industry consultants in both pursuing and resisting security of payment claims. He regularly assists national building product manufacturers with compliance advice in respect of duties arising under part 6AA of the Queensland Building and Construction Commission Act 1991, and in defective or non-conforming product recall obligations and strategy. Luke holds a Certificate in Adjudication, is a past member of the Queensland Law Society's Practice and Procedure Committee and has been recognised in the 2021 edition of Best Lawyers Australia in the areas of Alternative Dispute Resolution and Litigation.


Mr Robert Holt KC, Alfred Lutwyche Chambers
Robert has specialised in major construction litigation since 1985. He took Silk in 1995 and has been listed in Best Lawyers Australia from 2009 to the present. He has been recognised in Doyle’s Guide as one of Australia’s leading arbitration barristers and as pre-eminent in construction litigation. He is a Chartered Arbitrator and a Grade One arbitrator with the Resolution Institute. In the last few years Robert has concentrated on ADR and has acted as an arbitrator, expert determiner and mediator in many large disputes.


Ms. Sarah Ewing, Special Counsel,
Sarah is a Special Counsel in Carter Newell's Litigation & Dispute Resolution team where she acts primarily for corporate clients in large commercial litigation and insolvency litigation disputes. Sarah has extensive experience advising on complex, high value and multi-party disputes involving allegations of negligence, breach of contract, contraventions of the Competition and Consumer Act 2011 (Cth) and Corporations Act 2001 (Cth) issues. Sarah regularly assists clients of the firm with advice in relation to insolvency issues.


Luke Preston, Partner, Carter Newell Lawyers
Luke Preston is a Partner in Carter Newell's Construction & Engineering team. Luke has 30 years' experience in commercial litigation, construction law and insolvency in Queensland, and regularly acts in payment claims and adjudication applications under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) and parallel legislation interstate. Luke’s practice includes representing leading Australian construction contractors, miners, heavy engineering contractors and industry consultants in both pursuing and resisting security of payment claims. He regularly assists national building product manufacturers with compliance advice in respect of duties arising under part 6AA of the Queensland Building and Construction Commission Act 1991, and in defective or non-conforming product recall obligations and strategy. Luke holds a Certificate in Adjudication, is a past member of the Queensland Law Society's Practice and Procedure Committee and has been recognized in the 2021 edition of Best Lawyers Australia in the areas of Alternative Dispute Resolution and Litigation.

243Q09

Construction Law: Unfair Contracts, Drafting, Insolvency and Disputes

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Single Session
Thursday, 14 March 2024
9.00am to 1.15pm Australia/Brisbane
CPD Points 4
$505.00
$505.00
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Venue
Hilton Brisbane

190 Elizabeth Street, Brisbane City 

Directions

Due to one way road systems, please note that car access is via Elizabeth Street only. Please programme 190 Elizabeth Street if using a car navigational device.

Nearby Public Transport:

Train Stations - Central Station

Bus Interchange - George Square Bus Station

Parking Information

Parking is not included in your registration. There is valet parking available for AU$58.00

Parking is not included in your registration. There is valet parking available for AU$58.00. Other parking options:

Secure Parking, Elizabeth Street - Click here for rates
Wilson Parking - Click here for locations and rates