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During these uncertain times and once the construction sector begins to get back to work, one of the key challenges will be getting paid.

In this 60 minute presentation followed by Q&A, HKA considers some of the practicalities of ensuring that parties are paid what they are entitled.

Based on vast experience of international and domestic construction projects, Andrew Drennan and Paul Ives discuss the challenging issues that the construction sector faces in getting paid, with practical tips and advice in ensuring claims and variations are appropriately presented, as well as the importance of record keeping.

Topics Include:

• Claims & variations – what are the key issues going to be?
• Communication – what to do in NEC/FIDIC/JCT contracts
• Records – what records should we keep and how should these be recorded/stored and presented effectively?
• How to present a robust claim
• What if the claim fails? – a brief overview of ADR techniques

Speakers:

Andrew Drennan, Principal

Andrew is a Chartered Surveyor with over 20 years of construction industry experience. He has been appointed as quantum expert on eight occasions.

Andrew has acted as quantum expert regarding various statutory adjudications in the UK as well assisting the named expert in numerous disputes. He is currently acting as the named expert in matters before the Court of Session in Scotland.

Andrew provides commercial and contract management support and dispute resolution for projects with values up to £1.2 billion and disputed values in excess of £100 million. He specialises in matters of procurement, cost management and post contract quantity surveying; particularly dealing with problematic variations and final accounts.
Read Andrew Drennan’s full profile

Paul Ives, Executive Director

Paul is a legally qualified, Chartered Quantity Surveyor with over 20 years of construction industry experience. He has been appointed as an expert in quantum matters.

Paul has acted as an expert regarding compensation events and valuations for mixed-use buildings and transport infrastructure projects. He provides clients with support and expert reports for negotiations and settlements surrounding insurance, financial audit and contract entitlements.

Paul has experience across a wide range of buildings and civils projects ranging from schools, hospitals and residential schemes to large commercial developments, offshore and nuclear projects, specialist oil and gas installations, and utilities frameworks. He has a proficient working knowledge of various standard forms of contract including FIDIC, JCT, ICE and NEC, as well as bespoke forms of contracts and subcontracts including those for PFI and BSF schemes.
Real Paul Ives’ full profile

Our current times continue to create massive economic uncertainty, but also offer the construction supply chain the opportunity to play a central role in economic recovery and the chance to reconfigure and operate in a more resilient way in the medium and longer term.

In this short presentation followed by a discussion and Q&A, HKA, Grant Thornton and DLA Piper discuss options for new ways of working and the practicalities of making sustainable change across the sector, both in the near-term (Re-Set) and longer-term (Re-Invent).

Based on vast experience of international and domestic construction projects, HKA, Grant Thornton and DLA Piper outline scenarios for change, examine the roles that different parts of the supply chain can assume, and provoke thought on how construction companies can remain productive and profitable whilst addressing this maelstrom of change.

Topics include:

• How the supply chain may reconfigure itself to be more resilient
• Increasing the use of risk assessment tools, including Digital Twins and other techniques
• The practicalities of making off-site manufacture viable
• The implications of on-site assembly of modular facilities
• The role to be played by the client
• How to share data and intellectual property in a way that is to the benefit of the whole supply chain
• Legal considerations

Moderated By:

Dale Evans, Chair, Infrastructure Client Group (ICG) – Dale is recognised globally as a leading figure in infrastructure, with a formidable track record which boasts driving better practice and improved performance across industry. He is the Chair of the UK’s Infrastructure Client Group (ICG), which works to improve the productivity of the construction sector and helps to deliver successful outcomes from investment in infrastructure.  Through the ICG, Dale has been instrumental in the development of Project 13 – an industry-wide change programme that aims to deliver better outcomes for the public and users of infrastructure networks.

Panelists:

Andrew Allen, HKA – Andrew is highly experienced consultant with a background in risk management, capital programme set-up and improvement, and financial control. He directs risk management advisory and consulting services to help HKA’s clients anticipate, analyse and resolve project, programme and portfolio challenges.

Will Rule, HKA – Will is a consultant who helps solve complex problems faced by organisations conceiving, developing and delivering major new asset developments across the infrastructure, buildings, and utilities sectors. With a background in engineering, construction law and finance, he provides advice on commercial issues, procurement and operational change.

Gary Forde, Grant Thornton – Gary is a Chartered Civil Engineer with over 30 over years’ experience in the infrastructure sector. His expertise combines deep programme assurance, commercial and financial skills. He has an excellent understanding of the structure of the infrastructure sector having advised the UK, Scottish and Welsh Governments and regulators on the structuring and commercial drivers facing different aspects of the industry.  He is experienced in advice spans the structuring of enhancement projects, economic regulation, public sector procurement, risk management, governance, assurance, business case development, and financial modelling.

David Moss, DLA Piper – David has 30 years’ experience providing legal advice to national governments, funders, developers, employers, contractors, specialist contractors and design teams. He advises on the legal contract administration of infrastructure projects, including the resolution of formal disputes. He has advised on many forms of standard and non-standard contracts and was involved in demonstration projects using the ECC (the predecessor to the NEC). He sits as an adjudicator, mediator and a member of Dispute Review Boards.

In partnership with Built Environment Networking , HKA led this online construction contracts conference, focusing on helping understand how three forms of construction contract in use in the UK will deal with both the effects of Covid-19 and how the industry will emerge from the current situation.

Senior representatives of HKA bring together a diverse mix of industry experts to discuss JCT, NEC and FIDIC forms of contract, helping the industry understand what to expect when we get back to work (recorded 12 June 2020).

Session 1 – JCT

John Jones – Partner, HKA
John is a Chartered Quantity Surveyor with a Master of Laws degree in construction law and arbitration.  With a commercial management background he has worked for both Main Contractors and Sub-Contractors involved in the construction of a wide range of projects.  His experiences cover civil engineering schemes including rail and highway works, industrial and process plants, oil and gas, power generation, health and education schemes, refurbishment and residential projects.

Industry Speakers:
Matt Chandler – Associate Director, Godwin Developments
Helen Thompson – Legal Director, Thirteen Group

Session 2 – NEC

Andrew Drennan – Principal, HKA
Andrew is a practicing quantum expert and Chartered Quantity Surveyor with over 20 years of experience in quantity surveying, procurement, and commercial and contract management throughout the UK.  As well as acting as a quantum expert in adjudication, arbitration and litigation proceedings.  With experience spanning a wide range of expert assignments in the buildings, cabling, infrastructure, nuclear, power and utilities sectors.  Andrew has been instructed as a quantum expert witness on several occasions, provided specialist advice on producing disruption claims, assisted in numerous dispute avoidance cases and also provided bespoke commercial and practical contract administration advice.

Industry Speakers:
Mark Denham Smith – Commercial Director, Shepley Engineers
Veronica Flint Williams  – Contract & Risk Manager, Environment Agency

Session 3 – FIDIC

Charles Wilsoncroft – Partner, HKA
Charles has experience dealing with all manner of civil engineering and construction projects, including offshore and onshore infrastructure, energy and construction schemes.  He has extensive knowledge of contract dispute procedures, including negotiated settlements, mediation, conciliation, adjudication, arbitration and litigation, both in the UK and overseas and is actively involved in providing advisory services to apply lessons learned to the wider industry.  He has practical knowledge of numerous standard construction contract forms including FIDIC, NEC, ICC (with Network Rail standard amendments), ICE, Logic and BIMCO.

Industry Speakers:
Luca Puletti – Legal Director, Ghella SpA
Ignacio Palacios Garcia – Senior Contracts Manager, Suez

Click here to view Gerry’s webinar via the Healthcare Estates website.

Healthcare construction projects are complex, use “state of the art” designs, involve multiple stakeholders and contracting parties. In these circumstances, expectations are often misaligned which results in defect and performance issues. In other words, notwithstanding the best of intentions, disputes arise.

Resolving disputes on these capital projects requires a breadth of expert forensic analysis to navigate the intricate web of many underlying issues.

Recent research (CRUX Insight 2019) draws on an unprecedented bank of knowledge to provide valuable insights into the most common causes of claims and disputes, resulting in delays and cost overruns, on major capital projects across multiple sectors around the world.

The presentation draws on the 2019 CRUX data and reviews the more extensive Crux 2020 research data into over 1100+ projects across multiple sectors including 51 healthcare facilities from 8 different countries. This research confirms there are fundamental issues which are within the control of the various project stakeholders. Also, we can see from the research that these issues are repeating themselves year on year which means that lessons are not being learned in the buildings sector.

If the industry is to break this cycle of repetitive disruption, delay and over-blown costs, employers and contractors need to understand, prepare for and manage the complexity of their projects.

This webinar delivered on behalf of the Healthcare Estates Conference considers the evidence from CRUX Insight research of 29 healthcare projects from around the world and identifies common issues resulting in a claim or dispute. How various project stakeholders can mitigate the number of claims arising is discussed and considered, and which would place all parties in a better position to settle any claims which evolve into disputes.

Click here: https://register.gotowebinar.com/recording/7216251353254396171

HKA was a proud sponsor of the 2020 Construction Week Leaders in Construction UAE event, and was pleased to take part in one of the panel discussions, “Knowing your Rights”.

As many construction stakeholders face an uncertain future, this panel of legal and construction experts offer advice to those feeling the pinch from the impact of COVID-19 (recorded 16 September 2020).

Panel:
Haroon Niazi – Partner & Head of Middle East, HKA
Sachin Kerur – Partner, Reed Smith
Mark Raymont – Partner, Pinsent Masons

Moderator:
Ashley Williams, Editor, Construction Week Middle East

Video property of Construction Week Middle East.

HKA was a proud sponsor of the Leaders in Construction KSA Summit 2020, and was pleased to take part in one of the panel discussions, “The Future of Construction in KSA”.

The panel looked at how Saudi Arabia’s infrastructure sector is adapting with the changing marketplace by welcoming all genders, ages, and nationalities with no division to projects (recorded 30 September 2020).

Panel:
John McKevitt, Partner, HKA
Christopher Seymour, Managing Director, Mott MacDonald
Sachin Kerur, Partner, Reed Smith
Ash Arshad, General Manager, Resa Gulf Scaffolding

Moderator:
Ashley Williams, Editor, Construction Week Middle East

Video property of Construction Week Middle East.

Developed to help with surety construction relationships under COVID-19: What’s next for contractors, underwriting and claims?

Please join our distinguished Panel for a discussion about the impacts of COVID-19 and related economic impacts on sureties and contractors. We will consider the latest developments from both the claims and underwriting perspectives, and our Panelists will offer insights on current surety market trends.

The content of this program does not meet requirements for continuing legal education (CLE) accreditation. You will not receive CLE credit for viewing.

Panelists

• Arthur M Nalbandian, Vice President and Managing Counsel, Chubb
• Douglas James Wills, Vice President and Surety Claims Manager, Chubb
• Kenny M Young, Assistant Vice President, JS Held
• Matthew Lubin, Senior Vice President & Surety Chief Underwriting Officer, Chubb
• Ronald L Williams, Partner Fox Rothchild

Moderators

Rick Moffat, Partner, HKA