08:30
Registration
09:30
Guidance from the Bench: Developments in the Technology and Construction Court
- The Hon. Mr Justice Fraser Justice of the High Court, TCC
10:00
Case law update
A review of the latest construction cases to emerge from the courts over the last twelve months, focusing on key developments in the law
- Sarah Hannaford QC Barrister, Keating Chambers
10:45
Morning Break
11:15
Practical thoughts on alliancing and alliance agreements
• Why alliancing? Is it the Emperor’s new clothes?
• Philosophy, case studies and trends
• Structure, leadership and management
• Forms of contract, key contractual provisions and concepts
- Jonathan Hart Partner, Pinsent Masons
12:00
Coinsurance and subrogation
When and in what circumstances will coinsurance restrict subrogated claims?
• Does the decision in Gard Marine & Energy Ltd. v China National Chartering Co Ltd. 2017 UKSC 35 tell us everything we need to know?
• What are the lessons to be drawn from the decision in Haberdashers’ Aske’s Federation Trust Ltd. & Ors v Lakehouse Contracts Ltd & Ors 2018 EWHC 558?
- Andy Kirby Group Insurance Risk Manager, Carillion
- Ben Patten QC Barrister, 4 New Square
12:45
Lunch Break
13:45
Establishing the boundaries of design liability
Investigating the notional boundary between design and workmanship with reference to SSE v Hochtief Solutions & Others
Specific focus on the concept of ‘design implementation’ and its impact on design liability
- Fenella Mason Partner, Burness Paull
14:15
Contractor Insolvency
Exploring the position an employer or other parties might find themselves in when a contractor becomes insolvent during the course of a project. Particular focus on:
- The key differences in the various insolvency processes
- Typical and standard contractual provisions including:
- payment obligations following insolvency
- rights to terminate
- employer step-in rights
- passing of title
- Third party rights, collateral warranties and the Third Parties (Rights against Insurers) Act 2010
- The impact of insolvency on any ongoing proceedings
- Sarah McCann Barrister, Hardwicke
15:00
Recent developments in construction delay and disruption disputes
• What is delay and disruption? How are they to be distinguished? (McGee v Galliford Try)
• Primacy is given to the express contract terms under circumstances of delay
• Applying EOTs (Carillion v EMCOR) and dealing with concurrent delay (North Midland Building v Cyden Homes)
• Methods of analysis and recent experiences with ‘dynamic simulation’
- Paul Cowan Barrister, 4 New Square
- Ewen Maclean Director, Delay Services, Blackrock Expert Services
- Raeesa Rawal Associate, Debevoise & Plimpton
15:50
Afternoon Break
16:15
Roundup of the day’s big issues
Keating Chambers
- Adam Constable QC Barrister, Keating Chambers
16:20
Panel discussion and general Q&A
• Your opportunity to ask questions you want answered and take part in the debate
- Adam Constable QC Barrister, Keating Chambers
- Sarah Hannaford QC Barrister, Keating Chambers
- Alexander Nissen QC Barrister, Keating Chambers
17:00
Closing remarks and close of conference
17:20
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.