The construction industry continues to operate in a tough financial climate. Our webinars will address the key areas of legal concern resulting from this, giving you practical tips on how you can protect your project and what to do if there is insolvency within your contractual chain. Our January webinar will examine what the introduction of Building Information Modelling (BIM) will mean for the industry and what legal issues arise out of it, ensuring that you are prepared for the future.
Each of our webinars is presented by top industry experts who understand the problems faced by you on a daily basis, providing you with top tips on how to address these.
Forthcoming Webinars
Here is the schedule of forthcoming webinars for this practice area.
On Demand Webinars
Here is a list of previously broadcast webinars that are now available on demand.
25th Jun 2012 12:30
NEC contracts update
The Olympic Stadium is being hailed as the success story for NEC contracts. When NEC3 was chosen as the contact for the delivery of the £9.3 billion Olympics facilities, Howard Shiplee, Director of Construction of the UK Olympic Delivery Authority explained this choice ‘NEC3 contracts provide opportunities for proactive project management, project discipline, early-warning procedures and fair risk allocation’.
Our eminent speakers will discuss the use of NEC on this project and offer you practical tips on how to get the most out of this suite of contracts.
This webinar will cover:
• Amendments following LDEDCA coming into force
• Negotiation of standard forms and examples of typical amendments
- The use of Z clauses
• How to administer the contract properly and comply with the rules and timetable within it
• The role of the project manager
• Dispute avoidance
• Feedback from 2012 projects
27th Sep 2012 12:30
Adjudication and payment update - The Local Democracy, Economic Development and Construction Act
The Local Democracy, Economic Development and Construction Act came into force in October 2011. It aims to encourage the use of adjudication for the resolution of disputes. S108A of the Act makes any provisions which attempt to allocate the costs of adjudication between the parties invalid unless they are made after the adjudicator is appointed. It is hoped that this will prevent parties agreeing contractual terms which place all the costs risk on one party. However, many practitioners believe that this clause is ambiguous and might unintentionally allow for the use of Tolent clauses.
Our eminent speakers will debate these issues arising out of the new Act and update you on how it is working in practice.
This webinar will cover:
• How is it working in practice?
• Payment developments
- How best to safeguard cash flow?
- Conditional payment arrangements
• Who pays the adjudicator’s fees?
- The future of Tolent Clauses
- Effect of s108A of the Act
• Oral contracts
- Practical and financial effects
- Evidence of the terms of the contract
- Use of witness statements
- Arguments on ‘no contract’
• Suspension and partial suspension
18th Oct 2012 12:30
Professional negligence and the consultant's liability
The recent case of Robinson v P E Jones (Contractors) Ltd has clarified the complex area of concurrent liability for suppliers of goods and services.
Mr Robinson found that the gas flues for his house were defective and unsafe 12 years after the property was completed. The standard form contract used originally limited the builders’ liability to 10 years. Mr Robinson brought a claim of negligence for breach of duty of care. However, the Court of Appeal decided that the relationship between the manufacturer, builder and client is governed by the contract. The law of tort imposes only a limited duty to protect the client against personal injury or damage to other property.
This interactive webinar will discuss what this case will mean in practice for consultant’s liability.
This webinar will cover:
• Expansion of liability and loss of immunity
• Liability for architects, engineers and project managers
• Duty of Care and Tort update
- Concurrent liability including impact of James Andrew Robinson v P. E. Jones (Contractors) Ltd
• Insurance – what is available?
• Impact of the financial climate on claims
• Expert evidence in allegations of professional negligence
20th Nov 2012 12:30
Consultant's appointments
A construction project will often have a plethora of specialist consultants involved in it. It is essential to understand the risks associated with them and have the tools to mitigate these.
In the current economic climate, where many contractors are becoming insolvent, it is vital to allocate risk sensibly among those involved in the project through limitation and exclusion of liability clauses in your contract. However, in order to ensure that these clauses are enforceable, they need to be carefully drafted.
Our speakers will offer you practical tips on this and other issues arising out of consultants’ appointments.
This webinar will cover:
• Standard form appointments produced by the RICS, RIBA, ACE, ICE and NEC
• Exclusion of liability
• Net contribution clauses and civil liability contributions
• Collateral warranties
• Third party rights
• IPR and protection of know how
31st Jan 2013 12:30
Building Information Modelling (BIM) – legal issues
Building Information Modelling (BIM) allows you to create a model of a building which realistically reacts to change. It can save costs on projects and facilitate greater integration between different parties. By 2016 the Government wants the majority of its service providers to be using 3D (BIM) to Level 2. From the legal perspective this involves greater focus on the need to clarify design input, limitations on liability and intellectual property and model ownership issues. It requires a clear contractual framework to which all parties can sign up.
This interactive webinar presented by leading industry speakers, will clarify what BIM is and analyse the legal issues it presents.
This webinar will cover:
• The big bang - what is BIM?
• Who owns the BIM?
• What is the BIM Protocol all about?
• Who is the BIM manager and what do they do?
• The BIM implementation plan
• What are the legal and practical implications for construction contracts?
• Will BIM alter responsibilities for design and risk? Who picks up the liability?
• BIM now, BIM in the future, BIM with bells on!
• BIM confidentiality issues
1st Mar 2013 12:30
Insolvency throughout the contractual chain – practical tips and pitfalls
Insolvency is rife in the construction industry. Many projects are high risk with small contractors operating under relatively tight margins. One insolvent partner in the contractual chain can have far-reaching impact on the rest of the supply chain.
This webinar, presented by expert speakers, will assess what measures can be taken pre and post contract to protect the relevant parties.
This webinar will cover:
• What measures can be taken pre and post contract to protect parties
• Payments including enhanced payment provisions
• How notices work
• Is insolvency a breach of contract?
• Status of claims against insolvent companies
• Status of claims by insolvent companies
• The applicability of bonds
• Title to goods post P4 v Unite judgment
• Termination
• Project bank account
8th Apr 2013 12:30
Loss, expense and extension of time claims – review of key principles and case law
Walter Lilly & Company Limited v Mackay and DMW Developments Limited clarified the law on a number of complex issues in construction law, including concurrent delay.
The judgment endorsed the traditional English approach to concurrent delay, where the contractor is entitled to extension of time for the whole period of delay caused by the relevant event, rather than the Scottish alternative offered by City Inn ltd v Shepherd Construction Ltd, where the contractor is entitled only to a reasonably apportioned part.
This webinar will cover:
• Delay and disruption
• Conditions precedent
• Concurrent delay
• Extension of time claims
• Global claims – how to advance and defend against them
• Case law update including Walter Lilly case
4th Jun 2013 12:30
Getting the best out of NEC contracts
NEC is becoming an increasingly popular form of construction contact, particularly in the public sector, with the Office of Government Commerce recommending it to public sector procurers. It places an obligation of mutual trust and cooperation on the parties, and encourages early identification and resolution of problems. However, as there has been no case law relating to this requirement, it remains unclear what it means in practice.
Our highly experienced speakers will discuss the likely consequences of this obligation and offer you practical tips on how to make effective amendments to NEC contracts.
This webinar will cover:
• Amendments – how to make relevant provisions
• The obligation of mutual trust and cooperation
• Early warnings
• The programme
• Assessment of compensation events including prospective and retrospective assessment of delay
