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Contract Management Response To COVID-19 Masterclass

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EVENT DATE

16th Sep 2020

LOCATION

LIVE Webinar

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Brisbane, Melbourne, Sydney AEST: 9am to 5pm

Adelaide (GMT+10:30): 8.30am to 4.30pm

Perth, Singapore, Malaysia (GMT+8): 7am to 3pm

New Zealand (GMT+12): 11am to 7pm

 

Overview

The COVID-19 pandemic is having a profound effect on the Australian, and indeed, global economy, and a widespread impact on the ability of parties to perform their contractual obligations.

Against this backdrop, it is imperative to understand how to analyse and manage existing contracts in order to assess what remedies or relief are available. This Webinar will discuss how to identify mechanisms within your contract which may be used to manage the risks and effects of COVID-19, and will also discuss the relevance and application of the doctrine of frustration, and force majeure provisions.

Equally important in the current environment, is understanding and taking account of the risks and issues associated with COVID-19 whilst in the midst of procurement processes, and also looking to the future and managing the risk of COVID-19 when contemplating new contracts.

This session will focus on COVID-19 contractual triaging best practices, and in tandem will discuss key strategies for risk mitigation, and contract resilience into the future.

Learning Objectives

Identifying Key Legal Obligations and Entitlements

  • Understanding key common contractual obligations and entitlements and their functionality in the COVID-19 environment; and
  • Understanding the importance of contract administration in the management of COVID-19 risks.

Doctrine of Frustration and Force Majeure clauses

  • Understanding the concept of frustration and the circumstances where it is relevant; and
  • Understanding the operation and relevance of force majeure clauses.

Current or Proposed Tender Processes: Factoring in the effects of COVID-19 

  • Identifying and addressing COVID-19 at the early stages of the contract life cycle; and
  • Understanding the key areas of risk to be explored during the tender process.

Future Contracting: COVID-19

  • Understanding the key legal tools available to mitigate COVID-19 risks; and
  • Understanding the key factors to ensure that drafted clauses function as intended and are enforceable.

 

Featuring Our Speakers

Marko Misko

Partner

HWL Ebsworth Lawyers

Marko is a partner of HWL Ebsworth Lawyers in the firm’s construction and infrastructure practice. Marko specialises in all aspects of the infrastructure life cycle, including planning, design, construction, financing, operation, maintenance, remediation and disposal. As a “front end” commercial lawyer, Marko focuses on advising on project procurement strategies, delivery models, risk allocation, payment mechanisms, contract negotiations, project management and dispute avoidance. Marko works across a broad range of infrastructure sectors including defence, transport (road, rail, ports, airports), social (health, housing, education, detention, immigration), cultural and sporting, energy and natural resources, industrial and commercial/retail. Marko advises on the full spectrum of project delivery models including traditional structures, collaborative contracts (managing contractor, alliance, ECI), integrated project delivery, PPP and other privately financed models and asset management. Marko’s passion for sustainable infrastructure means that he is a board member of the Infrastructure Sustainability Council of Australia (ISCA) and he chairs the Sustainability Chapter of Roads Australia (of which he is a board member and vice-president). Marko is also a board member the Australasian BIM Advisory Board (ABAB). Marko is also passionate about teaching within the industry and has lectured in construction and dispute avoidance at Monash University and the construction Masters class at Melbourne University. He also presents and publishes widely and recently co-authored with Professor Gerber, the Australian chapter ‘How Does Collaborative Procurement Operate in Australia?’, edited by David Moseley from King’s College, London.

Who should attend?

Legal professionals (particularly in house counsel), project managers, owners, operators, delivery agencies, construction contractors and financiers/equity participants.

 

Topics Covered

  • Identifying Key Legal Obligations and Entitlements
  • Doctrine of Frustration and Force Majeure clauses
  • Current or Proposed Tender Processes: Factoring in the effects of COVID-19
  • Future Contracting: COVID-19