9th International Society of Construction Law 'Building for Change' Conference
4-5 November 2021 Virtual
Hosted by: The Society of Construction Law New Zealand
Where: Virtual (due to Covid International and NZ travel restrictions) – hubs in Christchurch & Wellington only
When: 4 and 5 November 2021
Theme: "Building for Change"
Legal systems are dynamic in nature often built on precedent and always by incremental development.
With the passage of time and severing of colonial apron strings, the common law has developed in unique ways around the world. This applies equally to construction law and how it operates in the Asia-Pacific region.
That development continues with new influences in the form of natural disasters, who funds large scale infrastructure projects and the adaptation (and adoption) of emerging technologies.
The SCL 9th International Construction Law Conference explored construction law as it related to contracts, negligence, product liability and dispute resolution through keynote and specialist presentations via two streams of plenary sessions over two days.
Day 1: 4 November 2021
Session 1: Transparency in dispute resolution
Primary Panelist: John Tackaberry (United Kingdom)
Abstract | Paper | Presentation
Session 1: Construction arbitration: Is it still relevant?
Primary Panelist: Mark Colthart (New Zealand)
Abstract | Paper | Presentation
Session 1A: A global perspective on construction regulatory reform: Where to from here?
Primary Panelist: Matthew Bell (Australia)
Abstract | Paper | Presentation
Session 1A: Negligence Divergence: When is a Duty of Care Owed in Construction?
Primary Panelist: Julian Bailey (United Kingdom)
Abstract | Paper | Presentation
Session 2: Is New Zealand punching above its weight and leading the way in which resolution of construction disputes is changing?
Primary Panelist: Graeme Christie (New Zealand)
Abstract | Paper | Presentation
Session 2: The Best Defense is a Good Offense: Keys to Effective Claims Management and Resolution-A Global Perspective
Primary Panelist: Anamaria Popescu (USA)
Abstract | Paper | Presentation
Session 2A: Issues with extra-territorial fabrication: delays and quality
Primary Panelist: Rebecca Saunders (New Zealand)
Abstract | Paper | Presentation
Session 2A: Implicit Assumptions
Sean Brady (Australia)
Presentation
Session 3: Adjudication, Past Present and Future
Primary Panelist: Sean Gibbs (United Kingdom)
Abstract | Paper | Presentation
Session 3: Conflicting objectives: How contractor insolvency is challenging established legal protections for principals and subcontractors
Primary Panelist: William Potter (New Zealand)
Abstract | Paper | Presentation
Session 3A: Setting up for success: a consultant’s perspective on risk and liability
Helen Davidson (New Zealand)
Abstract | Presentation
Session 3A: Buildability Risk - Allocation and Mitigation
Primary Panelist: Thomas Richards (United Kingdom)
Abstract | Paper | Presentation
Day 2: 5 November 2021
Session 4: There’s Always Time to Get it Right
Primary Panelist: Simon Hughes QC (United Kingdom)
Abstract | Paper not received | Presentation not part of talk
Session 4A: Is there a case for mandatory independence of contract administrators?
Primary Panelist: Stuart Robertson (New Zealand)
Routledge Prize Winner
Abstract | Paper | Presentation
Session 5: Academic forum
Facilitators: Dr Matthew Bell (Melbourne Law School) and Associate Professor Dr Naseem Ameer Ali (Massey University)
Session Recording
Session 5A: Time is money: making delay and disruption evidence relevant, reliable and persuasive
Primary Panelist: Tim Breakspear (Australia)
Abstract | Paper | Presentation
Session 5A: How BIM and Dispute Boards will prevent disputes in construction projects in Brazil, Chile and Peru
Primary Panelist: Marlon Ieiri (Brazil)
Abstract | Paper | Presentation
Lunchtime presentation: The interplay between International Commercial Courts and International Arbitration in the resolution of Infrastructure Disputes
Professor Doug Jones AO & Professor Janet Walker
Abstract | Paper | Presentation
Session 6: Quantum meruit as a remedy in construction law
Primary Panelist: Andrew Skelton (New Zealand)
Routledge Prize Winner
Abstract | Paper | Presentation
Session 6: I'm a Contractor, Get Me Out of Here!
Primary Panelist: Anne Connolly (Singapore)
Routledge Prize Winner
Abstract | Paper | Presentation not part of talk
Session 6A: Collaborative (Mahi Ngatahi) Contracting - are standard form contracts being crafted (built) for change
Primary Panelist: Anil Changaroth (Singapore)
Abstract | Paper | Presentation
Session 6A: How are novations and assignments likely to dovetail with increasingly sophisticated procurement models?
Primary Panelist: Mark Holland (New Zealand)
Abstract | Paper | Presentation
Session 7: Construction Arbitrations in India - Recent Trends & Changes
Primary Panelist: Rohit Singhal (India)
Abstract | Paper | Presentation not held
Session 7A: Perfect Procurement
Primary Panelist: Jonathan Forsey (New Zealand)
Abstract | Paper | Presentation