2021 upcoming events

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External fire spread 101

Kevin Frank

15 October 2021 12:30pm Zoom

Kevin Frank is the Senior Fire Research Engineer at BRANZ and will be providing an overview and insight into external fire spread and specific issues related to NZ

flyer | register


2021 9th International SCL Conference

SCL New Zealand is proud to be hosting the

9th International Society of Construction Law Conference

Auckland 4-5 November 2021


virtual NZ$500 - register here

SCL Presenter Invitation

Do you have a Construction Law related topic?

Anyone who wishes to present to the Society of Construction Law on a construction law related topic is invited to email the Secretary, Jonathan Forsey, indicating their interest in presenting and summarising their proposed presentation topic.

Jonathan Forsey
Society of Construction Law New Zealand

2021 Past Events


SCL Council - Construction case law snapshot - the basics with cases and update on NZS3910 revision progress

28 September - Zoom only session (due to L3 Aklnd and L2 elsewhere lockdown)


Waiver and estoppel

Michael Taylor and Paul O’Brien

James Hardie Decision- the significance of expert witnesses 

Jonathan Forsey and Stuart Robertson

NZS 3910 revision progress update

Helen Macfarlane, Peter Silcock(Civil Contractors) and Graham Burke(NZCIC)

Recording and Presentations in Members Only Area



Presentation of SCL 2021 Essay Prize winners

First Place: Lydia Sharpe

UNPRECEDENTED! NZS3910, Risk Allocation and Covid-19

Second Place: Oscar Ji

Force majeure and the doctrine of frustration in the COVID-19 world: drafting suitable force majeure provisions

A highlight on the SCL events calendar, our essay prize winners present topical and relevant cases in engaging presentations

25 August 2021 - Zoom only session (due to L4 lockdown)

Recording and Presentations in Members Only Area



How do we improve 2-stage early contractor involvement?

Dr David Finnie

David discussed 2S-ECI as a procurement process for employing contractors for construction-only or novated design and build projects.

13 July Auckland
14 July Wellington (preceded by SCL AGM), Hamilton via Zoom
15 July Christchurch
21 July Dunedin

Presentation and pre-construction services agreement (PCSA) as a beta for adaptation and use as mentioned by Dr Finnie




SCL recent grad event

career path panel discussion

panellists  shared with our more recently graduated members about how they have progressed their construction career and etched out a unique and respected career path and have got to where they are today

1 June Auckland
8 June Christchurch
15 June Wellington



our Digital Reality…

Building Information Modelling - BIM

Kevin Hughes

Kevin discussed BIM as a legal tool and to what extent it can be relied upon

18 May Christchurch
19 May Wellington
20 May Auckland, Hamilton and via Zoom

Presentation and reference documents mentioned by Kevin in the Members Only Area




So where to from here...

Sarah Sinclair and Dean Kimpton

Key trends the construction and infrastructure sectors are playing in their critical role in contributing to NZ’s economic recovery and the broader economic and social outcomes sought by New Zealand

12 April Auckland, Zoom & Hamilton
13 April Christchurch
14 April Wellington




Running an efficient construction arbitration

Polly Pope and Dr Anna Kirk

3 March 2021 - Zoom (amalgamating 3 Aklnd & 4 Wgtn sessions due to Covid restrictions)
18 March 2021 - Christchurch

The session was designed to be of interest to counsel, parties, expert witnesses and arbitrators and covered:

- Practical steps for parties and arbitrators to improve efficiency.
- Lessons from international construction arbitrations.
- Making the most of remote hearing technology.

Presentation and recording (to come) in the Members Only Area


2020 Past Events


Essay Prize Winners – Nick White and Sean Gamble

23 February 2021 (postponed from 25 November) - Christchurch
10 November - Auckland
24 November - Wellington

Presentation and essays in the Members Only Area

Dr Matthew Bell (Melbourne) and Philip Britton (London)

10 November 2020 - Zoom webinar

Rethinking residential construction law: a (virtual) journey from London to Auckland (via Melbourne)

Presentation and recording (to come) in the Members Only Area



SCL Council discuss relevant and interesting 2020 caselaw

flyer with links to the cases

24 September 2020 - Zoom webinar

Presentations and recording in the Members Only Area

August essay prize winners unable to proceed due to Covid-19 L3/2 lockdown


SCL AGM and Social Function


Panel Discussion with Kainga Ora – Homes and Communities and the Education Infrastructure Service

Trina Lincoln and Patrick Dougherty from Kainga Ora and Alison Murray and Rebecca Robertshawe from EIS

23 June 2020 - Zoom webinar

Presentations in the Members Only Area


The Golden Principles of FIDIC

Enrico Vink, former Managing Director of FIDIC

21 May 2020 - Zoom webinar

Presentation and CPD Attendance register in the Members Only Area

April John O'Hagan, Otakaro unable to proceed due to Covid-19 L4 lockdown


Retentions Regime Review:  A Legal Shemozzle?

Nick Gillies, Partner, Hesketh Henry

2 March 2020 - Auckland 
3 March 2020 - Christchurch
4 March 2020 – Wellington, Hamilton & Dunedin

Presentation and CPD Attendance registers in the Members Only Area


MATES in Construction

Victoria McArthur, Chief Executive Officer for MATES

20 February 2020 - Auckland 


CPD Attendance register in the Members Only Area

2019 Events


An Introduction to the New Zealand Infrastructure Commission – Te Waihanga and a discussion on the key findings of the report on the use of NZS Conditions of Contract

Dan Cameron, Karen Mitchell, Blake Lepper and Natasha Possenniskie

Senior members of Infrastructure Transactions Unit at Te Tai Ōhanga – The Treasury will present about The New Zealand Infrastructure Commission/ Te Waihanga Act 2019 which was passed into law on 25 September 2019. This session will provide an introduction to the Commission, and its objective, as an independent entity, to help improve how New Zealand coordinates, plans and procures our infrastructure and makes the most of the infrastructure we already have.
Presentation and CPD Attendance register in the Members Only Area 


Passive Fire the Burning Issues

Alan Page and Jonathan Laird

This meeting was a high-level introduction to passive fire and what you need to know about issues impacting building compliance, and what can be done to improve industry practice. Presentation by Alan Page, Technical Director - Passive, PFITS Consultancy and Jonathan Laird, Project Manager and Director Proform Group .

Presentation and CPD Attendance register in the Members Only Area


SCL Mock Mediation

24 September 2019 Auckland

The session covered the nuances of mediation and how to reach a successful outcome via amicable mediation. John Green played the role of the Mediator and Dr Naseem Ameer Ali and Stuart Robertson the Narrators.

Mock Mediation notes, Mediation in the Construction Industry Chapters and CPD Attendance register in the Members Only Area



SCL Essay Prize Winners Presentations

Sarah Martin

The Development of the Law on a Builder’s Duty of Care

Carlos Smith-Diaz

Where are my Retentions? Insights from the Ebert Construction Insolvency and Practical Advice for Subcontractors

Essays, presentations and CPD Attendance registers in Members Only Area



2019 SCL Conference

Fundamentals of Construction Law – the project lifecycle

Covering all phases of a construction project, from procurement, insurance, performance, to termination and resolving disputes.

Presenters presentations and papers in Members Only Area 2019 Conference


Demystifying Delay

Emily Simnor 

Emily broke down the key elements of delay analysis, drawing on her experience of working on large international construction disputes to provide real-world examples.

Presentation and CPD Attendance registers in Members Only Area


HMNZS Aotearoa – the nuance of design and construction of New Zealand’s largest naval ship

Commander Des Tiller and Mr Aidan Kay

This presentation covered some of the nuances of design and construction of New Zealand’s largest naval ship – HMNZS Aotearoa, including the commercial challenges for contracting and managing a complex engineering project. It discussed the challenges of complying with local and international maritime laws and regulations and the work done to ensure the vessel will be safe and compliant, and fit for purpose.

CPD Attendance registers in Members Only Area



Drafting Insurance Clauses in Construction Contracts

Donald Gardner, Marsh

A review of insurance considerations and implications for the drafting of insurance clauses for construction contracts, focusing on the NZS3910 suite (incl. 3916 & 3917).  The presentation will review how insurance responsibilities affect the parties’ risks and the potential cost of a project, and review the extent of cover available as this relates to the contract clauses.

Presentation, Paper and CPD Attendance registers in Members Only Area


NZS3910 – it ain’t broke, so don’t fix it? 

Peter Degerholm & Paul O'Brien 

Peter Degerholm put the proposition that NZS3910 (and related) conditions of contract need to be regularly reviewed and updated, and that we need to start now. Paul O’Brien as co-presenter provided a well-informed contractor perspective.

The session covered some questions that the construction industry should be asking:

  • What works well in 3910?
  • What are the opportunities for improvement?
  • What are its shortcomings?
  • Who should decide what to keep, what to change?
  • What is the process?
  • If not 3910, then what?

Presentation, video of Auckland session and CPD Attendance registers in Members Only Area