Introduction from Thomson Reuters and Chairman
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
- James Stewart – Keynote speaker Chairman, Global Infrastructure, KPMG
Case Law Update
Recent cases of interest to construction lawyers will be reviewed in this session.
- Stephen Furst QC Barrister, Keating Chambers
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?
- Fenella Mason Partner, Burness Paull
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?
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
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
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
- The Hon. Mrs Justice O’Farrell DBE – Keynote speaker High Court Judge, TCC
Chairman’s Closing Remarks
- John Hughes-D’Aeth – Chairman Partner, Engineering, Construction and Procurement, Berwin Leighton Paisner
*Please note the agenda is subject to change
The page will be updated with further details on the agenda once they are confirmed.