Introduction from Thomson Reuters and Chairman


Keynote speech

Emerging Trends in UK Infrastructure

  • The direction of future infrastructure policy
  • The impact of Brexit on the UK market – funding, financing and skills shortage
  • The future of Pf2?
  • The impact of technology


Case Law Update

Recent cases of interest to construction lawyers will be reviewed in this session.




Morning Break


Fitness for Purpose v. Reasonable Skill and Care – an expensive distinction

Two renewable energy projects; two standards of care; two expensive disputes. What can we learn?

  • The Supreme Court decision in MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Ltd and another will be contrasted with the Court of Session decision in SSE Generation Ltd v Hochtief Solutions AG.
  • What obligations did Højgaard undertake? How were those obligations impacted by technical documents?
  • Why did Hochtief avoid liability?
  • What are the consequences for contract drafting?


Morning Breakout Options

Option 1: Understanding NEC4 Changes – Practical Insights

  • What are the key changes to the NEC4 suite and are there any hidden surprises?
  • Increased role for the Project Manager?
  • Do the changes introduced by NEC4 alter the risk allocation?
  • New alliancing contract and DBO additions
  • Changes to the dispute resolution/avoidance process – how will this work in practice?

Option 2: Privilege in Adjudication Cases

  • Privilege between an in-house lawyer and his internal stakeholders – how are the rules of evidence being applied by the courts in recent adjudication hearings?
  • Without prejudice material
  • Should you use CPR principles in adjudication cases?
  • How do you support and build your case?


Lunch Break


Afternoon Breakout Options

Option 3: Review of proposed changes to new editions of the 1999 FIDIC Suite

  • Key proposed changes – and practical implications for employers and contractors involved in international construction projects
  • Claims procedure, time bars and dispute avoidance board and how these compare with NEC4?

Option 4: The Importance of Being Earnest: Deploying Independent Expert Evidence for Success

  • Purposes of expert evidence: a retreat from Bolam?
  • Instructing experts for adjudication and TCC litigation: lessons learned
  • Presenting persuasive and impartial expert evidence: selling what you’re saying
  • Disclosure rules and experts


Afternoon Break


Payment Disputes under Construction Contracts

  • How are the judges interpreting the Construction Act 1996 in recent cases?
  • Tackling the “smash and grab” style of adjudication and identifying fraudulent claims
  • Mitigation strategies for employers, contractors and sub-contractors


Mock Adjudication

Recent adjudication cases will be reviewed in a series of unruly mock adjudications and consequential enforcement hearings


Keynote: Developments from the TCC – Guidance from the Bench


Chairman’s Closing Remarks


Drinks Reception

*Please note the agenda is subject to change

The page will be updated with further details on the agenda once they are confirmed.