Construction Law - 2022 Virtual Conference
Chaired by Kim Franklin QC, this live online conference will examine a range of important and topical issues in construction law.
Each session will provide opportunity for questions and answers.
This live and interactive 5-hour conference will cover the following:
10am-11am: Adjudication - What is a Construction Contract?
Kai von Pahlen
Adjudication is now a popular, and relatively inexpensive, means of resolving construction disputes, including payment disputes, termination, and professional negligence claims.
But adjudication can only be used under a ‘construction contract’, so we shall explore the latest case law on what is included in that definition, including when it can be used under a collateral warranty (as was considered by the TCC in Toppan vs Simply ).
11-12 noon: The NEC Facilities Management Contract and Outsourcing Challenges
NEC is a popular family of contracts used in the construction and engineering sectors. Its newest member, ‘born’ June 2021, is the Facilities Management Contract (FMC). Its launch is well-timed, as the trend in outsourcing to support industry operations continues apace. Historical poor-value contracts and the demise of PFI are driving a renewed look at how 3rd parties can effectively be engaged to deliver off-balance-sheet works and services. The prize of a profitable long-term FM contract is there for providers who are agile and provide a quality delivery.
Sarah will tackle some of the key topics arising in outsourcing and how the new NEC FMC could help industry to manage historical challenges for the better, driving more collaboration and value.
Break for lunch
1pm-2pm: H&S and Fire Safety in Construction
This session will review the importance of health and safety and fire safety in the construction industry.
- Recent changes in health and safety/fire safety
- Why proactivity is important in H&S/fire safety management
- Occupational health issues
- Post COVID-19 approach to construction work
- Corporate & personal liability
- Impact of the Fire Safety Act 2021 and the Building Safety Bill
- The 2016 Sentencing Guidelines - where are we 5 years on?
- Top tips to avoid liability and reduce risk
2pm-3pm: Factual Witness Evidence: Who Needs It?
Kim Franklin QC
The recent ICC Commission Report on ‘The Accuracy of fact Witness Memory in International Arbitration’ highlights the pitfalls of reliance on factual witnesses, particularly in circumstances where memory is central to their evidence. The report explains the different purposes of factual witness testimony and makes recommendations to avoid witness evidence being considered ‘second best’.
This session will consider a number of issues including:
- CPR Practice Direction 57AC April 2021
- Why do you need factual witness evidence?
- Is it best avoided?
3.15-4.15pm Enforcing Adjudication Decisions and Insolvency
In the aftermath of Covid and the economic downturn, how far are the courts going to enforce adjudication decisions in a climate of insolvency?
This session will look at core authorities and the intervention of the statutory regime since the beginning of the pandemic to predict future trends and offer guidance to practitioners.
Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.