Who’s Responsible: Concrete Materials and Construction Law

This event is now closed.  
For details on upcoming Concrete Institute of Australia events, please see the CIA website:  www.concreteinstitute.com.au  contact Andre van Zyl on 02 9955 1744 or [email protected].
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When

Tuesday, 20 November 2018
3:00 PM - 7:00 PM

Where

The West Group
88 Hobart Rd , New Lambton Newcastle NSW 2305

Overview

Concrete is the most extensively used construction material in the world, and with the correct design, specification and construction can be extremely long lasting and durable. However, whether it be a cracked driveway or, as recently demonstrated with various bridge collapses around the world, things can go wrong, and David McDonald of BG&E Materials Technology explores the reality and the legal consequences of what can happen when there is an issue with the concrete, big or small.

One of the most relevant and debated aspects of the construction industry is the resolution of disputes. Australia has a sophisticated construction law system and construction dispute resolution involves a range of professionals and specialist forensic engineers that go much beyond the legal activity. This makes the role of experts vital for an appropriate solution of a contest. Scott Higgins of Mills Oakley will discuss these main topics via Legal Construction Duties, Limitations and Warranties and Causes and responsibilities
 
  • Session 2 – Defective concrete  - Legal Construction Duties, Limitations and Warranties 
  • Session 4 - Defective concrete – Causes and responsibilities

Prices

CIA Members $150.00 Non-Members $195.00 CIA Student and Retired Members $95.00

Presenters

Dr. David McDonald
Associate – Materials Technology - BG&E

Mr. Scott Higgins
Partner at Mills Oakley - Mills Oakley Lawyers

Topics

Dr David McDonald
Session 1 – Introduction and an overview of concrete basics
Session 3 Case studies - When good structures go bad

Mr Scott Higgins
Session 2 – Defective concrete  - Legal Construction Duties, Limitations and Warranties
Session 4 – Defective concrete – Causes and responsibilities

Program

Agenda and details Speaker/s
15:00: Session 1 – Introduction and an overview of concrete basics
  • A back-to-basics look at each material, and what impacts they have on the way concrete performs.
  • The role that alternative materials to Portland cement have and what can be expected.
  • The availability of materials, and what impact this may have in the future.
  • Comparison and contrast analysis of traditional materials and new materials, and their performance characteristics.  









David McDonald
15:45: Session 2 – Defective concrete  - Legal Construction Duties, Limitations and Warranties
  • General common law duties of care owed
  • Contractual obligation
  • Proportionate liability
  • Statutory warranties
  • Limitation periods under contract and under tort/negligence   





Scott Higgins / Carlo Garofali
16:30  Break  
17:00: Session 3 Case studies - When good structures go bad
  • Why structures go bad
    • Design
    • Construction
  • Whom we blame
    • Materials Supplier
    • Contractor
    • Engineer
  • Who is at fault
    • What does the contract say?
    • What does it not say?
    • What is known
    • What is unknown
  • Where is the information?
    • Specifications
    • Reports
    • Field notes
  • Should you fight or just fix it
    • Cost/benefit
    • What does the owner want?
  • Example 1
  • Example 2 























David McDonald
17:45: Session – Defective concrete – Causes and responsibilities
  •  Overview of when a dispute arises. 
  •  Payment disputes and Security of Payments legislation – tips and traps and a summary of major changes being proposed
  • Dispute resolution methods
  • Liability issues down the supply chain (duty of care, contractual and statutory and home building)
  • Contract issues (fitness for purpose, design risks, warranties as to defects, retention of title etc)








Scott Higgins / Carlo Garofali
18:30 - 19:00   Q & A
David McDonald - Scott Higgins / Carlo Garofali

Communication Devices

 
Please note that audio and video recording or taking photographs is prohibited during this event without express approval from the Concrete Institute of Australia.

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