Scottish Building

Contract Committee

Annual Update Seminar 2009

Thursday 19 November 2009

The Royal College of Physicians, Edinburgh

Revision 2

This event is managed by

•Architects•Charteredsurveyors•Contractors•Engineers•Lawyers

Who should attend?

Karyn Watt is a Partner in Construction & Projects with Anderson Strathern solicitors, dealing with construction and commercial work. She is legal adviser to the National Specialist Contractors Council and their representative on the Scottish Building Contract Committee.Karyn is New York bar qualified an accredited mediator, Notary Public, Writer to the Signet and accredited by the Law Society of Scotland as a specialist in construction law.

Professor Rudi Klein is Chief Executive of the Specialist Engineering Contractors’ (SEC) Group, an umbrella body representing the interests of 60,000 firms in the specialist engineering sector.

He was actively involved in the piloting of the “Construction Act” through Parliament and originated Section 112 of the Act dealing with the right of suspension of construction contracts for non-payment.

He is an adjudicator on the Adjudication Panel of the Chartered Institute of Building (CIOB). He has lectured extensively on legal and contractual matters and is a regular legal columnist to Building Magazine and Construction News.

Martin McKay is an experienced property and regeneration professional with 15 years involvement in leading and managing projects including complex, large scale, multi-agency projects.

As a qualified architect, he began his career in private practice delivering projects for both private and public sector clients before joining the University of Glasgow where he led on Major Projects as part of the Universities Capital Development Programme. He Joined Scottish Enterprise in 2005 working on Clyde Gateway from 2006 where, along with the partner team, he was responsible for development of the Business Plan and Operating Plan.

At Clyde Gateway Martin leads on the development, management and delivery of strategic regeneration projects.

About the speakers

John Campbell is a Scottish Queen’s Counsel, qualified to practice throughout the UK. He was called as an Advocate in 1981 and was appointed a QC in 1998.

His practice is mainly in property and land law, agriculture and energy work, and he has a specialised practice in town and country planning. He is also active in alternative dispute resolution work.

He is the elected President of the Chartered Institute of Arbitrators for 2009.

Jonathan Broome is a partner in the Construction & Engineering Department of Maclay Murray & Spens LLP, Solicitors. He practises solely in the avoidance and resolution of construction and engineering disputes using all forms of dispute resolution, including negotiation, mediation, adjudication, arbitration and litigation at all court levels. He acts as legal adviser to adjudicators and arbitrators. Jonathan is a long serving committee member of the Scottish Branch of the Chartered Institute of Arbitrators and lead drafter of the CIArb’s Scottish Construction Arbitration Code 2005 and Scottish Arbitration Code 2007

Professor Peter Hibberd became Chairman of the JCT in March 2009, following ten years as its Secretary-General. Peter is Visiting Professor at the University of Salford, a Fellow of RICS and a Member of the Chartered Institute of Arbitrators and acts as a consultant on construction procurement. In 1982 he obtained an MSc from UMIST for his research into variations in building contract and in 1989 became a Professor and Head of Department at the Polytechnic of Wales (now the University of Glamorgan). He led the Construction Procurement research unit and directed the Centre for Research and the Built Environment. He has lectured on building contracts throughout the world, presenting papers to national and international audiences.

Aim of the eventThiseventwillprovideadefinitiveguidetothelatestdevelopmentsinbuildingcontractsandconstructionlawinScotland.

Programme

0930 Registration

1000 Welcome and introduction IainFergusson,Chair,SBCCLtd

1010 Updates to JCT and SBCC contracts KarynWatt,Anderson

StrathernSolicitors •JCT2009 -Currentdocuments -Revision2implications •SBCC2009 -Currentdocuments -Documentspending •Whatisonthehorizon?

1040 Construction Act review ProfessorRudiKlein,Specialist

EngineeringContractors’Group •WeaknessesintheConstructionAct •Thereviewprocessandpassageof

amendmentsthroughParliament •Part8oftheLocalDemocracy,

EconomicDevelopmentandConstructionBill

•ChangestotheConstructionAct •Likelyimpactofthechanges

1110 Coffee

1140 Clyde Gateway, contracts and SBCC MartinMcKay,ClydeGateway Exploringthecontractualbasisof

ClydeGateway’sundertakingsandalsotheprocurementandcontractualroutesbeingfollowedbytheCommonwealthGames.

1210 A new approach to Arbitration – the Scottish Arbitration Bill, 2009

JohnCampbellQC,CharteredInstituteofArbitrators

ThispresentationwilldiscusstheBillcurrentlybeforeParliamentto

provideamodernuptodateCodeforuseindomesticandinternationalarbitrationwhichmeetsthedemandsofbusinessandconsumerusersaswellasGovernmentandprovidesallthesafeguardsnecessaryforeffectiveandeconomicaldisputeresolution.

1240 Question and answer session

1300 Lunch

1345 Legal review: Top 10 Cases of 2009 JonathanBroome,Maclay Murray&Spens Acomprehensiveroundupofthetop

tenconstructioncasesinScotlandthisyearandtheimplicationsfortheconstructionindustry.

1425 SBCConline IainFergusson,SBCCLtdand SharonMcCord,RIAS Findouthowthisnewonlineservice fromSBCCcanprovideyouwithall thecontractualinformationyou’llneed foryourconstructionproject.

1445 Coffee

1510 Specifying specialists and the construction market ProfessorPeterHibberd,JCTLtd •Whyspecifyaspecialist? •HowdocontractsdealwithNomination

–Naming? •Changingviewsovertime–problems,

procurementandmarketplace •Thecurrentandfuturemarketplace

forspecialists •Howwillstandardformsofcontracts

dealwithspecifyingspecialistsinthefuture?

1550 Question and answer session

1600 Close

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Event registration form – SBCC

Annual Update Seminar (7968)

(Please print both of the above as you would like them to appear on your name badge on the day)

• This event is organised by RICS Events, a department of RICS on behalf of SBCC Ltd.

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Terms and conditions

On completion, this form represents a legally binding contract in which the following terms and conditions apply:

Contract documentation produced by Scottish Building Contract Committee Ltd can be obtained from three of the constituent bodies bookshops as set out below. All bookshops are able to supply you with up to date information and pricing of contract documents. There will also be a bookshop at the event.

RIAS15 Rutland SquareEdinburghEH1 2BE Tel: +44(0)131 229 7545www.rias.org.uk RICS Scotland9 Manor PlaceEdinburghEH3 7DN Tel: +44(0)131 225 7078www.rics.org/scotland

All other enquiries relating to Scottish Building Contract Committee Ltd should be directed to: Jasmine SneddonSecretaryScottish Building Contract Committee Limited7 Manor Place EdinburghEH3 7DNTel: +44(0)131 240 0832

Scottish Building Contract Committee Ltd

Scottish Building FederationCrichton House4 Crichton’s Close HolyroodEdinburghEH8 8DTTel: +44(0)131 556 8866www.scottish-building.co.uk