Building & Construction Conference 2016

Programme

Chair - Matt Maling, Partner, Lane Neave

The unique perspective of subcontractors: their challenges, rights, and responsibilities
Construction law expert Geoff Hardy of Auckland firm Martelli McKegg will outline his views on the unique characteristics of the subcontractor’s world and what differentiates their legal duties and powers from those of head contractors, Principals, consultants, regulatory authorities and building materials suppliers.
Geoff Hardy, Partner, Martelli McKegg

Building Better Payment Protection? - Construction Contracts Amendment Act 2015
The Construction Contracts Act 2002 (CCA) was designed to improve cash flows, payment protection, and dispute resolution processes in the construction sector. Some of the amendments passed into law late last year are aimed at clarifying and expanding the provisions of the original Act, but the most material change is the introduction of a statutory trust regime for retentions. This presentation will cover some of the key potential impacts of the amendments from a practical perspective, including:

• An outline of the statutory trust regime for retentions (both contractor and subcontractor)
• How the timing of the changes (the effective date is 31 March 2017) will impact ongoing contracts at that date
• The types of assets that may be allocated to a statutory trust
• How these assets could be realised and distributed in the event of a company failure

In addition to the above, the presentation will also cover any developments arising from further submissions on the regime made to the MBIE in May/June by stakeholders in, and advisors to, the industry, including PwC.

A good understanding of the impacts of the changes could be essential to ensuring that you, and/or your clients, minimise risk, maximise payment protection and ensure director obligations are met under the amended Act.
Malcolm Hollis, Partner and Lara Bennett, Executive Director, PwC

Post-earthquake residential building repairs
This session will look to cover: defects and workmanship issues, unconsented repairs, the contractual matrix, liability under the Consumer Guarantees Act 1993 and the Building Act 2004, and on-going insurer liability.
Rebecca Saunders, Partner and Duncan Webb, Partner, Lane Neave

Manufacturers’ liability for defective building products – lessons from Carter Holt Harvey v Minster of Education
Mark will examine the liability of product manufacturers for negligence in light of the “leaky schools” litigation in the High Court and Court of Appeal.
Mark Colthart, Barrister

Procurement in rebuild context – panel discussion
The manner in which a construction project is procured can be the most significant factor in determining the success of the project. Procurement in the aftermath of a natural disaster imposes additional challenges. This panel discussion will discuss experiences, war stories, and learnings from procuring construction projects in the Christchurch rebuild.
Chair - Karen Overend

Extending the Construction Contracts Act to industry professionals
From 1 September 2015 the scope of the Construction Contracts Act extends to cover related services – the professional services provided by engineers, architects and quantity surveyors in relation to construction work. They can use the payment and adjudication process under the Act, and their clients can hold them to account through adjudication. What is the likely effect on terms of engagement, fee accounts and dispute resolution for industry professionals, their clients and insurer indemnity insurers?
Peter Degerholm, Calderglen Associates Ltd

Building (Earthquake-prone Buildings) Amendment Bill update

The Building (Earthquake-prone Buildings) Amendment Act 2016 has now been passed into law, after much change during the legislative process. In this session, Karen Overend will discuss:

• What the new regime finally requires, and how this interrelates to obligations of property owners, property managers and tenants under the Health and Safety at Work Act 2015
• changes to the Code of Conduct of the Institute of Professional Engineers of New Zealand.

However, it is not just building structure that is affected by this legislation. Alistair Knowles will discuss the importance in considering fitout and other building elements in assessing the earthquake risks of buildings.

Karen Overend, Founder, Overend & Associates, Alistair Knowles, Director, KCL Engineering

We need a new way of thinking
In this session Marcus will explain why the New Zealand health and safety record is nothing to be proud of, provide an overview of HSWA and what WorkSafe New Zealand will be focussed on over the coming years in the construction sector.
Marcus Nalter, Programme Manager Construction, WorkSafe

Hotel Accomodation

Delegates booking accomodation at Rydges Hotel are entitled to 10% discount on best daily rate.
To access your special rates please visit www.rydges.com
1. Select your hotel, enter your dates and number of people
2. Click on “BOOK NOW”
3. Under “MORE BOOKING OPTIONS” in the “CORPORATE ID” field enter your corporate ID: CCHCWP
4. Click “UPDATE BOOKING”
5. Your special rates will appear on the rates screen
6. Available for stays between 05/09/16 and 07/09/16 (inclusive)