Building and Construction Regulation and Law Conference 2019
The latest legal developments in building and construction
The building sector needs to deliver safe and durable buildings while being able to innovate as methods and practice evolve. The government (MBIE) has published a Discussion Paper to address long-standing sector problems. Changes to the Building Act 2004 and the Regulatory System are proposed - could these reforms solve some of problems facing the industry?
Explore best practice and analyse what you need to know, when negotiating contracts to manage project risks.
• NZS3910:2013 – is this still a good template? What are the other options?
• How to avoid unnecessarily complex special conditions
• Tips and traps from recent cases
The larger and more complex the project, the greater the additional costs resulting from delays and variation. To avoid litigation, explore how to get it right from the beginning, then identify and manage the risk through the project life.
• Managing variations – initial drafting, special conditions, role of the engineer and identifying risk
• Understanding Extension of Time (EOT) clauses and the prevention principle
• Exploring different approaches to concurrent delay and how to determine and reinforce explicit and detailed concurrent delay clauses
• Managing and mitigating claims
The high degree of fragmentation in the building and construction sector has led to numerous parties being involved in large-scale and complex projects. Recent cases of project failures raise the significant question: Whose fault is it?
• Understanding “joint and several liability” – a good rule to follow?
• Risk sharing in practice – exploring the gain and pain share model
• Methods to negotiate and agree upon fair risk management
• How to form contract conditions that bridge the gap of disproportionate risk allocation
Jane McTavish Butler, Special Counsel, Meredith Connell
Raine Selles, Managing Director, CMC Asia Pacific
Sara Cheetham, Senior Associate, Chapman Tripp
Josh Taylor, Senior Associate, Wynn Williams
Misunderstandings, discrepancies and different interpretations can create disputes with potential litigation as the outcome. Especially in the building and construction sector, where a wide range of professionals must collaborate.
• Best practice, when it comes to finding a compromise
• Expert determination, dispute resolution board, mediation, adjudication, arbitration – when to use what?
• Understanding different methods of alternative dispute resolution
• Strategies for SMEs with financial restrictions that limit the legal options available to them
The industry has recently suffered from the failure of several major construction companies. By identifying underlying causes and monitoring past and present actions, future plans and strategies can be developed to prevent it from happening again.
• Recognizing the first indicators of weak financial condition
• Learning different ways to protect and prepare oneself from other parties becoming insolvent
• When should companies draw a line and stop operating?
Reviewing the practical aspects of the Health and Safety at Work Act 2015
• Client leadership in construction health and safety
• Exploring the ToTika scheme – pre-qualification and its role in procurement
• Common natural hazards in New Zealand – coastal, flooding, earthquakes, erosion/soils
• Building and development in natural hazard areas – key issues
• Key risks and potential liabilities – what to look out for
• Managing hazards and risk – what you should do
Challenges within the sector and technological advances are driving adoption of modern methods of construction. Modular, off-site and factory system built methods are becoming popular, but new concepts bring new compliance requirements as well the need to maintain adherence to existing standards.
• Manufacturing off-site – when, what and how can this be done to optimise success?
• What are the legal and compliance requirements relating to off-site construction?
• What precautions need to be taken in the construction contract and documentation to cover the new methodologies?
• Understanding what MBIE are proposing
• What could this mean for the residential building sector?
• Exploring what the current market for these policies looks like
From 1 October 2019 the “Government Rules of Sourcing” will be replaced with the “Government Procurement Rules”.
• What are the government procurement rules? Why do we have them?
• The new rules, focusing on the new changes including “secondary benefits”, construction skills and training, engagement with the New Zealand Infrastructure Commission and reporting requirements
• Creating the workforce capacity and capability to deliver the building and construction needs of New Zealand
• Education reforms – what changes have been made to increase capacity and capability?
• Understanding the required leadership skills to succeed in a fast-moving and agile environment
• A stocktake of the current building sector
• Exploring the impact of present and potential upcoming reforms and legislation on productivity levels in the building industry
• What could the future look like?