For presented papers visit:  Members Only | NZ SCL Papers | Archive - 2009  for papers

SCL 'Delays in Construction Contracts' Conference

             16 October 2009
              Waipuna Lodge Convention Centre, Mt Wellington, Auckland

The Role of the Engineer

4 June Wellington
10 June Auckland

Society of Construction Law NZ Inc Annual General Meeting 2009

16 July 2009

Topical Insurance Problems in Construction

Philippa Fee and Thomas Pasley (a loss adjuster)

           'Who and What might really be Insured?'

download copy of powerpoint presentation

This session included a workshop session based on live claim scenarios and addressed the myriad of questions that arise and identify just where the plethora of insurance people and policies fit behind the contractual obligations. ... Specifically, the claim scenario will address:

• What are the liabilities that the various contracting parties have to each other, and what insurance may exist to cover these liabilities?
• The contractual position of principal, head contractor, sub-contractor and consultant and how that position relates to the insurance policies taken out;
• What kinds of damage are covered by Contract Works policies, and what will be excluded by defective workmanship or design exclusions?;
• What will a professional indemnity policy taken out by a contractor (head or sub-contractor) cover?
Whilst insurance is not the most exciting topic, it is an essential part of business and in the words of Mr Tony Dean 'ignore this session at your peril'.

Concurrent Delays in Construction

              Wellington 26 February and Auckland 4 March 2009

This meeting looked at this very topical subject from both a legal viewpoint and some of the practicalities of the construction site.

Andrew Hazelton, a partner with Hazelton Law in Wellington, presented on concurrent delays from the legal perspective. What does the term actually mean?

How well does the idea of concurrency sit within the context of a contract where an employer may have a claim for liquidated damages caused by one delay, but a contractor may have an equally valid but different claim for an extension of time?

Is there a correct approach to the consideration of causation, and what have the courts said about it?

Robert Finley, Commercial Risk Manager with Hawkins Construction in Auckland, presented on what happens on the site - "But Mr Contractor, you were delayed yourself in the other corner of the site at the same time"! - and the effect of different delays on the critical path.