ALB Masterclass series - Examining risk mitigation in construction contracts 2009

15 October 2009 - Sir Stamford at Circular Quay, 93 Macquarie Street, Sydney
22 October 2009 - Stamford Plaza, 111 Little Collins Street, Melbourne

All sessions run from 9.00am - 5.00pm

Highlights

• Securing government contracts: Growth opportunities in infrastructure construction
• Tricks and traps for success and failure in joint venture arrangements
• Exclusive case study: Olbourne v Excell Building Corporation Pty Ltd
• Risk and rewards: Examine alliance contract model selection and understand the project risks
• Managing & overcoming insolvency risks in construction

Please contact Michael Cullen at michael.cullen@keymedia.com.au for more information.

Click on the image to download a copy of the latest brochure

      
         Sydney                       Melbourne

Agenda 
(This agenda varies across each state. To view the agenda specific for your state, please use the brochures above)

Securing Government construction contracts
How has the Government's competition policy affected the process for securing contracts?
• Review the Governments procurement process 
     - Identify the rules and policies affecting the tendering of Government construction contracts
• Understand the principles of probity and Gateway Reviews
• The Government' s view on risk and risk management/mitigation: How this varies depending on the specific method of procurement, including: 
     - Insurance regimes implemented by the Government 
     - The requirements of indemnities
• Examine specific policies that may impact on the respective rights and obligations of the parties to a construction contract

Construction joint venture agreements: Tricks and traps for success and failure
• Understand the factors which contribute to JV success, and failures
     - Role definition
     - Communication strategies
     - Ensure the correct systems are in place
• Examine joint and several liability - implication and management
• Exclusive case studies involving large scale toll road, water treatment and infrastructure delivery projects  - one that worked, one that failed 
• Innovative solutions to overcoming unexpected challenges on large scale projects
     - Contingency planning
     - Implementing the correct project control protocols

Alliance contract model selection and project risks: The risks and rewards
• When is an alliance structure the right one? What makes a project suitable?
• Choosing the right alliancing model: Examine the pros and cons of strategic v project alliance models
• Risks and rewards in alliancing
• Review current trends in alliancing: The UK-NEC model contrasted with the approach in recent alliance projects
     - What are the future implications for Australia with the new UK alliance model?
 
Security of payment case law: Olbourne v Excell Building Corporation Pty Ltd: Is a moral obligation enough to secure payment?
• Review the background of the case
• Lessons learnt from this case to protect your clients
• Preparation for future challenges
• Understand the important messages and implications of the NSW Supreme Court findings in this case

Risk mitigation: Correctly using indemnities and consequential loss clauses to protect against disaster
• Ensure indemnities are properly drafted to reflect agreed upon risks
• The definition of consequential loss and how to fully utilise clauses to protect against confusion
• Understand the scope of recoverable loss or damages

Proportionate liability in large-scale projects
• Analyse contractual allocation of risk
• Review recent case rulings on proportionate liability: How is the scheme developing
     - Commentary on Reinhold v NSW Lotteries Corporation, Yates v Mobile Marine Repairs Pty Ltd, Godfrey Spowers Pty Ltd v Lincolne Scott Australia Pty Ltd and Gunston v Lawley
• Recognise the impact of proportionate liability on large-scale projects and joint ventures

Managing & overcoming insolvency risks
• Effective drafting: Ensure the express right to take works out of the hands of the builder, or terminate the contract are clearly drafted and enforceable
• Protect your project from the beginning: Undertaking due diligence to ensure contractors are in the position to finish the job
     - Ensure your contractors have the human and financial capital to complete the job you've hired them for
• Tripartite agreements: Developers, constructors and the banks; working together to ensure the projects ultimate success

Examining the variety of Australian Standard contracts in construction; which one is the right one for your deal
• Address fairness and extension of time clauses
• Understand the benefits of using Australian Standard Form contracts
• Compare Australia's top four Standard Form contracts to enable the correct choice of contract