Bonds and Insurance in Construction: Principles, Policies, Notices and Claims

Transcription

1 One Day Bonds and Insurance in Construction: Principles, Policies, Notices and Claims A very useful and interesting PLUS Workshop: Comparing International Standard Contract Forms & Risks 4 November 2014 The H-Hotel, Dubai 3 & 4 November 2014 inspirational talks with logical structure and progression Wendy Ho, Solicitor, Kennedys LLP Book Online Or call LorraineMcBride@hillintl.com The programme contains around 10 hours CPD material, approved for CPD provision by the CIOB and the SRA, Bar Council application has been submitted. It should be considered suitable for other professional bodies and institutes. Applications have been made where relevant. save AED 500 Book before 25 October 2014 EARLY BOOKING DISCOUNT PLACES STRICTLY LIMITED EARLY RESERVATIONS RECOMMENDED

2 Bonds and Insurance: why attend this event? Bonds and Insurances are found throughout the construction industry. Used for a range of purposes and featuring in every project, bonds and insurance policies can be extremely helpful in the management of risk. How can you be sure you ve secured your project against the correct risk? What risks might you be exposing yourself to if you ve not obtained the right policy or bond, and how do the different tools interact? How do you avoid being exposed to a claim or a dispute that the bond or policy cannot assist you with? There are a host of challenges, risks and issues associated with bonds, bond calls, insurances and their various interactions with each other. This Masterclass will equip you with the knowledge and tools you need to ensure you don t fall victim to the many An outstanding seminar which traps. You will learn how the various policies provided us the opportunity to listen operate and how they can be managed to the distinguished speakers Zia Mohiuddin, Bin Zagr to best effect. Venue - the H-Hotel We are privileged to be holding the Masterclass in the H-hotel, a luxurious 5-star hotel in the heart of Dubai. A contemporary arabesque home with the intimacy of a boutique destination. or call

3 Masterclass Timetable 0900 Introduction & Keynote: Bonds and Insurance Stuart Nash, Edwin Coe Bonds what they are and how they work Introduction to the different types of bond Overview: Performance bonds and letters of credit Insurance how it differs from bonds 0930 Performance and Advance Payment Bonds Andrew MacCuish, Kennedys What they are What they are not (e.g. not necessarily an indemnity) How the two operate and help manage risk What are the risks associated with arranging bonds? Recent cases 1015 Legal Implications of Calling a Performance Bond in UAE Faisal Attia, Al Tamimi Formalities of a call Bank s obligation / liability Beneficiary s challenge Court proceedings Pre-conditions to arbitration and legal complications 1100 Break 1115 Insuring Major Projects Risk Transfer Mark Pring, Addleshaw Goddard What happens when one or more parties becomes insolvent? Challenges posed by practical completion - sectional completion / partial possession Mapping the insurance to the risk transfer (case study, e.g. Mopani case) 1200 Project, DSU & Loss of Production: Insurance Issues in UAE Paul Reed QC, Hardwicke What is normally covered by such policies? When are claims valid or not valid? How can claims be successfully proved? 1245 Lunch 1345 Professional Indemnity Dealing with Claims Against Professionals Nick Carnell, Taylor Wessing Why is PI important and who is affected by it? How can claims against professionals be made? What are the challenges in the GCC / UAE area? 1415 Reinsurance: The risks and challenges of ceding GCC risk to London Neil Hext, 4 New Square How reinsurance works and where the money goes What happens when risks are managed through the London insurance market? The things that may go wrong Implications of local laws and the DIFC 1500 The Analysis of Delay in Insurance Disputes Wendy MacLaughlin, Hill International How should delay by analysed? What is required for a successful result? The importance of records 1545 Break 1600 The Importance and Management of Records James Lyall, Hill International What records should we keep? How should records be kept and managed? What do the policies, law and contracts require? 1630 Panel Discussion key points of the day Chair: Steven Walker QC, Atkin Chambers Panel: Colin Read, Pinsent Masons; Adrian Bell, CMS Cameron McKenna; Mark Blanksby, Clyde & Co; Wendy MacLaughlin, Hill International; Rachel Ansell QC, 4 Pump Court A panel discussion covering some of the important subjects highlighted throughout the day, and some of the other aspects critical to ensure you minimise risk when working with insurance and bonds Close and Networking Reception

4 Masterclass Leaders Adrian Bell Partner, CMS Cameron McKenna Adrian is a partner in the Energy, Projects and Construction Disputes team at Cameron McKenna, and is a qualified solicitor advocate. He advises on dispute avoidance and all types of dispute resolution procedures in the construction, energy and infrastructure sectors. He specialises in substantial and complex claims, both in the UK and internationally. Adrian is a member of the International Bar Association, the LCIA Young International Arbitration Group, the Solicitors Association of Higher Court Advocates, the Society of Construction Law, and the Technology & Construction Solicitors Association. He is also a trustee and the company secretary of a national charity for the rehabilitation of young offenders. Paul Reed QC Head of Chambers, Hardwicke Paul Reed QC is a leading construction and insurance barrister. Practising primarily as an advocate he is also highly regarded for his advisory work. He is regularly instructed in substantial, complex and sometimes highprofile construction, insurance and commercial disputes, often raising multi-jurisdictional issues. He acts for leading insurance companies, banks and construction companies, utility companies, local, regional and governmental bodies. Paul is known as an approachable and client focused silk, a team player who gives clear and consistent advice. Paul is also a post graduate tutor and occasional lecturer in construction law and arbitration at Kings College. Paul is author of Construction All Risks Insurance, published by Sweet and Maxwell in March Mark Blanksby Partner, Clyde & Co Mark is currently a Partner in Clyde & Co LLP s Construction Group. He has over 20 years experience as a construction lawyer, initially based in London but since 2004 has been based in Dubai. Mark has experience of advising main contractors, Employers, subcontractors and suppliers in the construction, engineering and oil & gas sectors. He has extensive experience of advising on contractual and commercial matters in relation to significant international projects, in the role of project counsel as works progress and in relation to dispute avoidance and dispute resolution. He has significant experience with EPC, FIDIC, DBFO, O&M and concession based contracts as well as arbitrations conducted under various Arbitration Rules. Wendy MacLaughlin Senior Vice President, Hill International Wendy s expertise lies in the analysis of delay to engineering and construction projects. She provides advice in the areas of programme preparation, time risk management and extension of time assessments on engineering and construction projects worldwide. A chartered civil engineer with experience in design, construction and project planning, provides a sound basis for her current role as a programming expert. Wendy has experience as both a party and Tribunal appointed expert and has given evidence to arbitral tribunals in London, Dubai and Stockholm as well as participating in mediations and DRB proceedings. Andrew MacCuish Partner, Kennedys Andrew initially qualified and practiced in New Zealand as a barrister and solicitor, and subsequently as an English solicitor. He is a partner in Kennedys international construction and engineering group based in Dubai, and specialises in project work and international arbitration. He has wide experience in general project procurement, and associated security documentation. He is also experienced in all areas of construction and engineering dispute resolution, including court proceedings, mediation, adjudication, and international arbitration. In England, he has full rights of audience in civil court proceedings. Andrew is a Member of the Chartered Institute of Arbitrators, a trained mediator and adjudicator, and has accepted appointments as an adjudicator. Faisal Attia Senior Associate, Al Tamimi Faisal was appointed State Counsel for the Egyptian Government in 2000, where he acted in high-value construction and investor-state disputes. He also represented Egypt in a number of international arbitral proceedings before major international arbitration institutions. Faisal then relocated to London to join a leading international law firm. In 2009, Faisal widened his Middle Eastern experience by practicing in Kuwait with a leading law firm where he was mainly handling construction matters. In 2011, he then joined Al Tamimi & Co in Dubai as a construction arbitration specialist. In addition to his legal practice, Faisal is a visiting lecturer at universities in Europe and the Middle East. Faisal is a native Arabic speaker. StuArt NASH Partner, edwin Coe Stuart joined the firm as a Partner in A dual qualified, US Lawyer and UK Solicitor, Stuart specialises in construction law and dispute resolution. He frequently deals with cross border construction disputes and has conducted ICC, LCIA and AAA arbitrations. He often acts for US companies carrying out work in Europe and the Middle East in both the construction and energy sectors. Stuart was a member of the 2002 drafting committee responsible for producing the Society of Construction Law, Delay and Disruption Protocol. Nick CarnelL Partner, Taylor Wessing Nick is a Partner at Taylor Wessing based in their Dubai office, heading the construction team. Nick has extensive experience of construction related matters and has been based in the Gulf region for over eight years. His particular areas of interest are contentious matters, particularly those relating to delay, and he is the author of Causation and Delay in Construction Disputes published by Wiley. He lectures regularly, has written many articles for journals and other publications. Nick has represented a number of clients in high profile bond-related matters in the UAE and GCC region. Rachel Ansell QC Barrister, 4 Pump Court Rachel was called to the Bar in 1995 and became a silk in She specialises in construction, energy and related insurance and professional negligence disputes. Legal directories recognise Rachel as an expert in her specialist areas. Chambers Global describes her as an expert in UAE construction disputes. Rachel is regularly instructed to act on behalf of insurers in respect of policy interpretation subrogated claims and fraud matters. Her international arbitration practice focuses on large-scale energy, construction and engineering disputes across the globe and particularly in the Middle East. She has been involved with arbitrations and is a registered advocate of the DIFC courts. James Lyall Director, Hill International James has provided forensic planning advice on high-profile oil & gas, civil engineering, building, and transport disputes. He also acted as a Single Joint Expert and assisted in the peer review of other experts assigned to disputes. He has also acted as the lead delay analyst supporting testifying experts on numerous claims, across a variety of disciplines, in various forms of dispute resolution including arbitration and the UK courts. As a Project Manager he was responsible for development & start-up of a new company and has provided expertise to a major UK based transport operator to aid the recovery of both programme and cost of a 66m civil engineering and transportation project in central London. Colin Read Partner, Pinsent Masons Colin is a partner and leads the team at Pinsent Masons handling construction insurance issues worldwide. He has extensive experience advising insured, insurer and reinsurer clients alike on international projects. This includes both construction insurance disputes as well as insurance and reinsurance programme structures. Colin has a particular interest in insurance issues affecting participants in the nuclear industry and regularly lectures on the subject. Working closely with Pinsent Masons regulatory practice, Colin also supports insurers and insureds in various aspects of risk management. In addition to his extensive private practice experience, Colin is a former Senior Legal Counsel at a major international general insurer. Mark Pring Partner, Addleshaw Goddard Mark is a partner at the London office of Addleshaw Goddard, with particular expertise in handling complex, often cross-border commercial disputes (litigation and arbitration), focusing in particular on the insurance/ reinsurance, energy and infrastructure, and real estate sectors. He has significant experience advising clients on risk management, corporate governance and anti-corruption policies and procedures; worked in Dubai office of major US law firm, 2008 to Neil Hext Barrister, 4 New Square Neil specialises in Commercial Law, Insurance/Reinsurance, and Professional Negligence. He is listed as a leading junior in Commercial Dispute Resolution by Chambers & Partners and in Insurance and Reinsurance by the Legal 500. He has been described as a displaying a mastery of detail, a fundamental grounding in insurance law and a highly professional approach, and as a rising star. His practice includes an expertise in urgent interlocutory relief, including freezing injunctions, Norwich Pharmacal orders and Bankers Trust applications, as well as in all aspects of insurance/reinsurance, acting for both insurers and insureds. Hill International (Middle East) Ltd Sultan Business Centre, Suite 501, Oud Metha Rd., P.O. Box Dubai, UAE Tel: Fax: Executive Office 15, Business Centre, Block 9, PO Box , Dubai Knowledge Village, Dubai, UAE kbird@ciob.ae.org Tel: +971 (0)

5 Workshop: DAY 2 SIGN UP International Standard Contract Forms: Risks & Disputes Sign up for an interactive workshop on day two of the Masterclass, 4 November 2014 half a day examining the risks of working with different international contract forms FIDIC, the CIOB s CPC, and NEC3. FIDIC is possibly the most common form of contract in use in the GCC today. Leading experts will be present to talk about the risks of working with it, how changes in technology can help manage those risks, and how other standard forms compare, including the NEC3 form of contract and the latest form of contract from the CIOB the Complex Projects Contract (CPC). Date: 4 November 2014 Time: Speakers: David McCullagh Delay anaylsis and the CPC Francis Ho Comparisons of CPC / FIDIC Steven Walker QC - Comparisons of FIDIC and NEC3 David Risbridger Dispute resolution under standard forms in the GCC Region Round table discussion, chaired by Rachel Ansell QC Workshop Leaders Francis Ho Head of Construction, Olswang Francis leads the Construction Group at Olswang. He has substantial experience on major projects both in the UK and internationally and regularly advises on projects using a wide range of procurement strategies. He has particular experience in sustainable development and renewable energy. Francis co-authored the Chartered Institute of Building s Complex Projects Contract. David McCullagh Associate Director, Hill International David has gained 20 years experience in the construction industry working for major contractors both in the UK and overseas. Working as delay analyst, David has provided overall claims management on numerous projects and assisted in providing strategies aimed at achieving commercial settlement. David has also prepared expert witness reports and provided expert witness services including assisting solicitors and counsel. David Risbridger Partner, Simmons & Simmons David is a partner based in the UAE and head of the UAE and regional construction and dispute resolution practice. David trained as a quantity surveyor before joining the legal profession and has worked for a number of contractors on both building and civil engineering projects. Steven Walker QC Atkin Chambers Steven is a barrister specialising in construction and engineering contracts. He advises and represents parties to contracts relating to a wide range of subject matter including the design and delivery of buildings, oil and gas installations, power generation plant, process and engineering plant, ships, IT systems, transport systems, telecommunications systems, facilities management and professional services. Recent cases include Seele Middle East v Drake & Scull International and Doosan Babcock v Commercializadora De Equipos Y Materiales Mabe. Steve s arbitration experience includes substantial international experience under various arbitral rules.

6 Booking Form 1 PERSONAL Information Delegate 1 (please copy this form for further delegates) Name Job Title Telephone Delegate 2 Name Job title Telephone 2 Company Details Company name (if any) Nature of business Address 3 FURTHER DETAILS How did you hear about the Masterclass? There will be a delegate list containing names and company names, please tick if delegates do NOT wish to appear on this list 4 BOOKING DETAILS Course fees include full notes and refreshments and are available at the following rates: DAY 1 Early Rate (before 25 October): AED 2500 Standard Rate: AED 3000 CIOB Member: AED 2100 DAY 2 Contract Workshop Standard Rate: AED 1200 CIOB Member: AED 800 Group discounts are available - please enquire Total included for payment / to be debited from card / invoiced 5 PAYMENT Either: A: I enclose a cheque for made payable to Hill International (UK) Ltd. B: Please invoice me at the above address for the total of Credit Card Payment: The option to pay by credit card is available online or telephone, please note that all payments are processed in the UK. Whilst we aim to allow for currency exchange fluctuations, your bank may apply a small fee. To pay online please visit To pay by telephone please call +44 (0) Principal Terms and Conditions 1. Authority: 1.1. The non-residential Masterclass (hereinafter referred to as the Masterclass and referring to either the singular or the plural day or days) are approved by the Law Society for provision of CPD: ref CEV/PICL A certificate of attendance will be provided to each delegate. Neither the certificate or the Masterclass carry any academic authority, nor do they provide any qualification in the subjects discussed at the Masterclass, or authority for the delegate to teach or practice in any of the subjects discussed Neither Hill International nor Englemere Limited and the Chartered Institute of Building are responsible for anything said or produced by any of the speakers at the Masterclass. 2. The booking fee and cancellation: 2.1. The event fee, which must be paid in full before a place can be confirmed, is non-refundable, subject to the following conditions: NB: FULL TERMS ARE PRINTED AT Once a place on the Masterclass is booked, it will not be possible to obtain a refund unless the course is fully booked (ie all places are taken) and a replacement can be found. Under these circumstances, a refund will be made, less an administrative charge In the unlikely event of cancellation of the course, due to circumstances within the control of Hill International, Englemere Limited or the CIOB, a full refund of the course fee will be provided. 3. The Programme: 3.1. We reserve the right to alter or change the programme at any time, and may replace speakers if necessary due to such circumstances as illness or sudden unforeseen unavailability. 4. Books and book orders: 4.1. Book orders are non-refundable, and payment must be received before dispatch will occur Delivery of the book to an overseas address will incur a surcharge to cover insurance and postage. Send to: Lorraine McBride, Hill International, Sultan Business Centre, Suite 501, Dubai, United Arab Emirates. Tel: , lorrainemcbride@hillintl.com Please Note: Payment is required prior to attendance at the Masterclass.