A surge of more building defect claims are on the way so ensure you’re prepared to address the rising challenges! In the high-stakes world of construction disputes, effective management of expert witnesses can make or break your case. Uncover the strategies and skills need to orchestrate a winning legal strategy in your next construction matter. Examine the latest knowledge across Security of Payment, liabilities, contract termination & more, all while gaining your core CPD units!
Security of Payment: Review of the Recent Cases
Join Vikram Misra, Barrister for a practical summary of important recent decisions involving the Building and Construction Industry Security of Payment Act 1999 (NSW)(“the SOP Act”) including:
- Those dealing with Brodyn/Grosvenor stays and the ambit of section 32B of the SOP Act
Presented by Vikram Misra, Barrister, Clarence Chambers
- Key concepts:
- What is a defect?
- Defective v incomplete
- Defect liability periods
- Types of actions available:
- Breach of contract / deed
- Breach of statutory warranty
- Breach of statutory duty of care
- Breach of tortious duty of care?
- Misleading and deceptive conduct
- Other key elements:
- Scott schedules / expert evidence
- Mitigation
- Remoteness
- Betterment
- Civil liability:
- Limitation periods
- Standstill agreements
- Extended contractual warranties
- Proportionate liability
- Lessons from recent cases
Presented by Alex Ottaway, Special Counsel and Nadim Sara, Solicitor, HWL Ebsworth Lawyers
- What is the difference between a regular contract term and an indemnity?
- Why does everyone insist on them?
- Indemnity for breach: Is it really necessary?
- Limits on liability: caps, exclusions from the caps, consequential loss, proportionate liability explained
Presented by Kip Fitzsimon, Partner, Allen
Chair: Franco Corsaro SC, Greenway Chambers
- The contract procedure: When is it an exhaustive code?
- Risks associated with termination for delayed performance
- Insolvency: the impact of ipso facto law reform
- Quantum meruit: Is it still available? Is it capped?
- Security of Payment: Are statutory claims available after termination?
- Contract provisions that typically survive termination
Presented by Shaun Bailey, Director, Ash Street Partners; Recommended Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2023
- Legal ethics
- Engineering ethics
- Current issues
- Transparency in supply chains
- Ethical sourcing
- Modern slavery
Presented by David Jury, Partner, HWL Ebsworth Lawyers; Leading Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2023
- Analysing the principal contractor’s role and obligations
- Concurrent obligations of PCBU's
- Your business or undertaking: How far does it reach?
- Safety risks within a construction site
- Critical incident response
- Recent court decisions in Construction safety
Presented by Greg McCann, Partner, HWL Ebsworth; Best Lawyers 2023, Occupational Health and Safety Law
Chair: Tom Davie, Barrister, Queen Square Chambers
In the high-stakes world of construction disputes, effective management of expert witnesses can make or break your case. Join a Building Consultant, Lawyer, and Barrister in this panel discussion as you breakdown core elements when engaging expert witnesses in your construction matters. From selection and preparation to communication and presentation, this session will equip you with the skills needed to orchestrate a winning legal strategy.
Panellists:
Stan Giaouris, Principal Building Consultant, The Construction Adviser; Lecturer, Faculty of design, Architecture and Building, University of Technology Sydney
Carlos Mobellan, Barrister and Mediator, Third Floor St James Hall Chambers
Bill Kritharas, Partner, Sparke Helmore Lawyers; Best Lawyers 2024, Occupational Health and Safety Law
Attend and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills
This program is based on NSW legislation
Presenters
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.
Stan Giaouris, Principal Building Consultant, The Construction Adviser
Stan Giaouris is the Principal Building Consultant at The Construction Adviser (TCA) and a lecturer at the University of technology Sydney (UTS) in the Faculty of Design, Architecture and Building. He has a Bachelor of Building in Construction Management and Certificate III in Construction Waterproofing. Stan has 22 years of construction experience and is an active member of the Master Builders Association, currently holding the position of State Councillor and President of the St George Division. Stan and his team of experts provide litigation expert witness reports for general building and waterproofing defects, as well as remediation design, onsite Quality Assurance (QA) inspections, project management services and design development. Stan has also provided waterproof training in 2022 attended by over 400 industry participants in Sydney and Newcastle, with further training to be provided in Melbourne later in 2022.
Bill Kritharas, Partner, Sparke Helmore Lawyers
Bill is an experienced work health and safety (WHS) lawyer. He advises clients in the construction, agribusiness, energy and transport industries and commonwealth, state and local government sectors on WHS compliance, incident investigations, prosecutions and coronial inquests. Bill also advises builders and Owners Corporations in relation to fire safety and building defect claims. Bill assists Boards, legal counsel and WHS executives in the private and public sectors. Bill also assists Owners Corporations, engineers and Strata Managers.
Mr. Shaun Bailey, Director, Ash Street Partners
Shaun Bailey is Director at Ash Street Partners. Having been a specialist construction practitioner for over 20 years, Shaun's experience includes project delivery assistance in relation to Metro rail developments and private operation of public infrastructure. Shaun has also advised industry participants in relation to high-profile construction related insolvencies, including Walter Construction Group, Hastie Group, Walton Constructions, Reed Constructions as well as advising on numerous terminations. Shaun is a recommended lawyer listed in Doyles Guide and is also recognised as an innovator by the Legal 500.
Carlos Mobellan, Barrister and Mediator, Third Floor 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 home owners, Owners Corporations, builders, government agencies and property development companies.
Greg McCann, Partner, HWL Ebsworth
Greg is recognised as an expert in work, health and safety (WHS) with over 23 years of experience in private practice in Melbourne, Sydney and Perth. He has worked for national corporations in a wide range of industries including mining, construction, transport, finance, retail, labour hire and oil and gas. He regularly acts on WHS incidents and assists corporations and their officers in achieving safety compliance and delivering best practice solutions to safety management. He also delivers seminars and interactive discussions with directors and officers on their WHS due diligence obligations. Greg conducts workplace investigations regarding reportable incidents and incidents involving psychosocial hazards arising from the business or undertaking. Greg provides a 24/7 critical incident response service in attending the workplace and managing the response to the Regulator, police, unions and media. Greg is listed as a leading Occupational Health and Safety Lawyer in Best Lawyers Australia from 2016 to date.
Mr. Kip Fitzsimon, Partner, Allens
Kip specialises in Major Projects and Construction. She leads the Infrastructure Sector team at Allens and is widely recognised as a leading infrastructure lawyer. She is experienced in the infrastructure, property and energy and resources sectors and has advised sponsors, lenders, government and a broad range of contractors/operators on various aspects of project development on some of Australia's most iconic projects. Kip also has a comprehensive understanding of public-private partnerships (PPPs), having acted on both the government and consortium side of these projects across Australia for over 14 years.
Mr. Franco Corsaro SC, Greenway Chambers
Franco Corsaro is a specialist construction lawyer, but has wide-ranging knowledge and experience in various areas. He is a recognised leader in construction law, with a long history of successful outcomes in various courts and tribunals at all levels. He is currently listed as a Pre-eminent Senior Counsel in the 2016 Doyles Guide. The listing maintains Franco's ranking as a pre-eminent or leading construction law practitioner in the Doyles Guide over several years. Franco began his legal career with Henry Davis York in 1980 as a commercial litigation lawyer. He was appointed to the position of Senior Associate of that firm in 1982. He was called to the Bar in 1985 and took Silk in 2000. Franco shifted emphasis into construction litigation in his early years as a junior counsel, but still maintains his interest in general commercial and equity litigation. Franco is results driven, and is always concerned with implementing the most advantageous approach to resolve each case in the best and most cost-, effective way for the client. His emphasis is to extract the significant factual and legal principles on which each case will turn, and to give these the highest priority. He is a diligent and committed advocate, with an excellent reputation for the development of excellent forensic strategy, effective all-round advocacy, and well-honed and incisive cross-, examination skills. Franco particularly enjoys the factual and legal foundation on which every case is built. He builds from these intellectual underpinnings, to develop the best forensic strategy to maximise the prospects of a successful outcome. He works closely with his solicitors and clients in a collegiate approach, to ensure all concerned have a well-, developed understanding of the legal and factual issues on which a case will turn, and to ensure the client has the information required to make the commercial decisions which must be made in every case. Franco provides certainty and peace of mind for his solicitors, and an enriching experience as they explore the matter's inherent legal principles together. Franco has a keen interest and involvement in alternate dispute resolution. From 2002-, 2005, Franco was a part-time lecturer in Commercial Arbitration at the University of Technology, Sydney, and has appeared for both claimants and respondents in a variety of domestic and international arbitrations, as well as expert and neutral evaluations.
Vikram Misra, Barrister, Clarence Chambers
Vikram Misra was admitted as a solicitor in 2012 and called to the NSW Bar in 2015. He maintains a broad commercial practice and is regularly briefed in matters relating to taxation law, property law, construction law and equity. Vikram has completed a Graduate Diploma in Taxation Law at the University of Sydney in 2015 and a Master of Laws majoring in construction law and contract law at the University of Melbourne in 2016. Vikram is also a contributing author to the Domestic Arbitration, International Arbitration, Security of Payment (NSW) and Security of Payment (SA) sections of the looseleaf Commercial Arbitration Law & Practice Service for Thomson Reuters.
Mr. Alex Ottaway, Special Counsel, HWL Ebsworth Lawyers
Alex is a Special Counsel with HWL Ebsworth Lawyers, specialising in construction and infrastructure disputes. He has over 13 years’ post-admission experience specialising in the resolution of disputes involving construction and infrastructure projects. He advises and acts for participants in diverse sectors such as rail, roads, ports, industrial plants, resources, energy, advanced manufacturing and housing. He has practised in Sydney and in London.
Mr. Nadim Sara, Solicitor, HWL Ebsworth Lawyers
Nadim Sara is a solicitor in the HWL Ebsworth Lawyer's Sydney Construction and Infrastructure group. Nadim advises and acts for a range of industry participants (including government clients, developers, large contractors and sub-contractors) in the various aspects and stages of construction and infrastructure projects. He particularly specialises in providing project advice and the resolution of disputes. Connect with Nadim via LinkedIn.
David Jury, Partner, HWL Ebsworth Lawyers
David has practised in building and construction industry for 25years and has particular expertise in adjoining land owner 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.