building-and-construction-law 2011

Building and Construction Law Conference An intense and authoritative review of key current issues, developments and trends impacting on the building and construction industry.

2 September 2011, Rydges Hotel, Auckland

Featuring: • Seismic aftershocks: legal issues highlighted by the Christchurch quakes which are relevant to all of New Zealand • An update on the Building Act 2004 and the current Amendment Bill • A review of the Construction Contracts Act 2002 and the department’s Discussion Document • Leaky buildings — Fair Trading Act claims • The tax implications of weathertightness claims • EQCover — What’s in and what’s not?

• An essential case law update

The Building industry is dynamic in nature and constantly evolves to meet continuing challenges from changing technology and high client expectations.

The law recognises this by keeping the subject under constant review with a succession of Amendment Bills and Discussion Documents, the current crop being well covered by this conference.

As ongoing case law is making a significant contribution, this event includes an essential case law update.

Practitioners and all those involved in the industry must constantly keep up to date with current issues, developments and trends to successfully ride on the leading edge of knowledge and skill.

This ensures they consistently give the best and most effective advice to their clients.

Early bird discount expires 11 August 2011. Register today!

Phone 0800 800 986 Email seminars@lexisnexis.co.nz www.lexisnexis.co.nz

Building and Construction Law Conference An intense and authoritative review of key current issues, developments and trends impacting on the building and construction industry.

9.00

Opening Remarks from the Chair

• Leases and agreements to lease for the future:

Bill Hodge, Associate Professor, Faculty of Law, University of Auckland

— — — —

Seismic Aftershocks The Christchurch earthquakes brought to the surface a diverse range of legal issues that were thrust under an intense spotlight. The following two sessions closely focus on those Christchurch concerns which are relevant to all of New Zealand.

9.10

Developing tenant trends • Information from recent surveys

• A summary of what tenants are likely to look for Disaster recovery policies and communication • Communication with tenants, insurers, other stakeholders post-disaster event:

— What happened in Christchurch — Ideas for the future • The importance of legal advice in this context

Canterbury Tales — Part One • Issues relating to building on land known to be subject to the risk of earthquake, landslip, flood, volcanic activity

• Landlords and disaster recovery plans • Where should communication come from — landlords, property managers?

— Who is liable for resulting damage: owners, developers, consulting engineers, councils, insurers, the Earthquake Commission?

— Problems where a Conditional Building Consent is issued: Building Act 2004, ss 72 — 74 — Tensions between private insurers and the EQC — Is it worth the risk?

Issues arising from different ownership structures • Body corporate issues Insurance issues and understanding insurance policies • A summary of issues arising with business interruption insurance — loss of rents, limitations of current insurance policies

Mark Crosbie, Partner Minter Ellison Rudd Watts Janine Stewart, Senior Associate Minter Ellison Rudd Watts 9.50

• Damage and destruction issues The rebuild and new construction • Insurance • Funding • The need to supplement the traditional team with experts, insurers at an early stage

Canterbury Tales — Part Two General lease issues • The inadequacy of the current ADLS standard form raised by the earthquake: — No provision for lack of access — Issues with determining whether premises are “untenantable” — current judicial view — Rent abatement issues

Force majeure clauses Access clauses Termination clauses Landlord and tenant amendments

Paul Dorrance, Partner, Duncan Cotterill 10.40

Refreshment Break

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11.00

Update: Building Act 2004 The Building Act, the legal centrepiece of the construction industry, is not static but under constant review and continually evolving. This essential session closely examines the latest developments including an update on the current Amendment Bill in respect of which submissions closed last March.

• The first Bill (Amendment Bill No 3) and the proposed changes — New consent classes — The demise of Code Compliance Certificates — Councils’ inspection role — The “owner-builder” — What is a ”dangerous building”?

• How has the first Bill changed through the select committee process?

• The balance of the review process

11.40

Review: Construction Contracts Act 2002 The Construction Contracts Act, which is complex and technical and must be mastered, is being reviewed. This session analyses the underlying ongoing issues and discusses the likely outcome.

• The Department of Building and Housing Discussion Document • Perceived weaknesses in the protection of consumers • Proposals contained in the Discussion Document • Differing views from submissions • The likely outcome, followed by a review update Edward Scorgie, Principal, Chapman Tripp

Stuart Robertson, Partner, Kensington Swan

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12.20

Essential Case Law Update

• Update on the Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill — to be enacted shortly

All major legal subjects are constantly evolving, tugged by the tide of case law coming to terms with commercial reality. This session comprises a crucial and comprehensive case law update for those who are serious about their practice in and knowledge of building and construction law.

— How it works: the machinery of the legislation; the definition of “reasonable cost of repair” — Who decides what is reasonable?

— How can an owner benefit from opting into the scheme?

— What are the pitfalls or downsides for the owner?

— How can a Territorial Authority or any other defendant/respondent party benefit from an owner opting in?

— What are the pitfalls or downsides for the remaining defendants/respondents where litigation continues against them for the balance of the “reasonable costs of repair”?

— Is the scheme a better choice than the standard Court or WHRS/WHT route? Can the scheme and the litigation path coexist?

Abolition of expert immunity — J ones v Kaney • The UK Supreme Court abolishes expert witness immunity

• Public policy considerations • What does this mean for building experts in New Zealand?

• The nature of experts’ duty Limitation difficulties for vendors • Exposure of vendors to vendor warranty claims

• The 10-year long stop and the joinder of contractors • The 6-year limitation period and the joinder of real estate agents Duty of care developments • The boundaries of Hamlin duty defined — Sunset/Bryon

• The liability of parties issuing producer statements

Doug Cowan, Associate, Rainey Law 2.40

Tax Implications of Weathertightness Claims The tax implications of a plan or transaction are often overlooked but they could prove crucial.

This session provides practical tax insights to weathertightness claims.

• Can the BIA be liable in respect of its review of council operations?

• The final frontier — mixed use and commercial developments Gareth Lewis, Partner, Grimshaw & Co

• Selling or transferring a property with defects — structuring

12.50

Networking Lunch

• Losing income or assets because of defects — rental, demolition, shortfall on sale

1.50

A Hardy Perennial — Leaky Buildings Update

The leaky buildings saga is one of epic proportions and will present problems for years to come with 42,000 buildings mainly in Auckland, Wellington, Tauranga and Christchurch affected. The repair bill is estimated at $11.3 billion. This session spotlights key current issues and developments.

• The Fair Trading Act in the context of leaky building claims — M ok v Bolderson (High Court, April 2011) • The complete defence of voluntary assumption of risk in leaky building litigation: current case law update — M ore and more houses are sold with known building defects; council files have LIM notifications and/or “tags” for dwellings with known problems

• Fixing the defects — design, repairs, maintenance, legal costs • Receiving or paying proceeds from a weathertightness claim — settlement, awards, insurance Iain Stephenson, Solicitor, Minter Ellison Rudd Watts Mark Ainsworth, Senior Solicitor, Minter Ellison Rudd Watts 3.10

A Better Building Blueprint — Build it Right First Time!

Government plans to phase in changes to the Building Act 2004 to provide more incentives to build it right first time and cut red tape and create exemptions for low risk work. This session makes informed observations and offers insights into the Blueprint.

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• Implications of builders, designers and consultants being accountable for meeting Building Code requirements

• Can the building sector be certain about the rules affecting heritage orders?

• A look at other local government issues affecting the building industry including LIMs

• The imposition of mandatory written contracts for building work over $20,000: warranties, remedies, disputes • Requirement that those doing the work must declare what, if any, financial backup or insurance is available to fund the remedy of any faults

Daniel Kelleher, Partner, Buddle Findlay 4.20

The EQC has an important role with respect to natural disasters and often this is not well understood. Given that the aftermath of the Canterbury quake has caused certain tensions, the EQC canvasses the most topical issues in this session.

• Associated issues Marcus Beveridge, Principal, Queen City Law Tina Hwang, Lawyer, Queen City Law 3.30

All Shook Up? The Role of the Earthquake Commission

Refreshment Break

• EQCover — What’s in and what’s not?

• The Natural Disaster Fund and its protection

3.50

Unit Titles and a Smorgasbord of other Delicacies

• Research and Education — U nique contributions to risk management • Issues and opportunities — Lessons from Canterbury and abroad

• A consideration of the key issues arising from the Unit Titles Act 2010, concentrating on the practical side of how developments will be constructed and managed • A review of the key changes arising from the Limitation Act 2010 affecting those working in the building industry

Hugh Cowan, Research Manager, Earthquake Commission 4.50

Closing Remarks from the Chair

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Early Bird Price (ends 11 August, 2011)

One-Day Pass $575 + gst = $661.25

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One-Day Pass $675 + gst = $776.25

Document Pack Only $295 + gst = $339.25

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CANCELLATION

W4578C

Should you be unable to attend, a substitute delegate is welcome at no extra cost. Alternatively, a full refund less $50 service charge will be made for cancellations received in writing (letter or fax) ten working days or more prior to the event. Regrettably, no refund can be made for cancellations less than ten working days prior to the event.

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