Chairman’s introductory remarks


Guidance from the Bench: Developments in the Technology and Construction Court


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



Morning Break


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


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?


Lunch Break


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


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


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’



Afternoon Break


Roundup of the day’s big issues

Keating Chambers


Panel discussion and general Q&A

• Your opportunity to ask questions you want answered and take part in the debate


Closing remarks and close of conference


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.