Lucas Keogh, Partner of HWL Ebsworth, is a Building and Infrastructure partner in HWL Ebsworth's Sydney office. With expertise in both law and engineering, he acts for a range of government and private entities particularly in relation to technical construction and engineering issues. Lucas has extensive drafting experience on a wide variety of construction contracts and is an expert dispute resolution and adjudication lawyer.
You can hear more from Lucas at Infrastructure and Construction Conference: Contracts and Claims seminar, being held on Wednesday 13 September at Primus Hotel Sydney.
He joined Christopher Sanchez of Legalwise Seminars to discuss issues about delay and disruption claim
You can find the full Q&A below.
What are some of the key trends and developments in infrastructure and in building and construction that are having an impact right now?
The integration of technology into more conventional building structures which leads to the integration of software and technology services with more traditional construction procurement models and project planning. The technology sector takes on a substantially different risk model and method of project delivery which is not necessarily aligned to more conventional concrete and steel construction.
Are there any specific issues related to delay and disruption claims that seem to be on the rise lately?
Global claims and their increased prevalence and apparent acceptance at lower and higher levels of adjudication and litigation.
What’s one tip for considering delay claims or undertaking delay analysis?
Figure out what actually happened by methodically going through the timeline of events.
When should a practitioner consider involving a project manager to provide analysis when dealing with a delay and disruption claim?
This depends on the context, but usually as soon as possible. Sometimes for adjudications, there is no real prospect of programmers getting up to speed with the case within the time available and the response must be prepared without their assistance. That aside, project planners are more often than not highly valued in any delay and disruption environment that involves a program.
Are there any infrastructure or building and construction issues coming in the future that you think practitioners should keep on their radar?
The introduction of Security of Payment legislation at a national level. This would substantially change the context of pursuing claims in construction projects and bring some consistency to the various regimes around Australia and the varying payment regimes and payment terms that contractors have to endure, and principals have to administer, from one project to the next.