Engineering Disputes - How to manage them and How to Succeed

Venue: One Birdcage Walk

Location: Westminster, London SW1H 9JJ, United Kingdom

Event Date/Time: Feb 28, 2005 End Date/Time: Feb 28, 2005
Registration Date: Feb 27, 2005
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Description

Engineering contracts can relate to supply, installation and testing of equipment whose value is for many millions of pounds. There will be time constraints, provisions for liquidated and ascertained damages (LAD's) and stringent performance criteria. Issues of design and workmanship as well as the performance of the sub-contractors must also be considered. Thus it is not surprising that from time to time, issues do arise which can on occasion give rise to disputes. These disputes, unless effectively managed and controlled, can prove costly, necessitating the involvement of experts and lawyers as well as extensive in-house resource.

This seminar will address the manner in which conflicts can arise and those methods that do exist which allow for the management and speedy resolution of them at minimum cost. In looking at the problems, reference will be made to the terms of the Model Form ‘A’ of general conditions of contract as well as MF/1(rev 4), as recommended by the Institution of Mechanical Engineers (IMechE), the Institution of Electrical Engineers (IEE) and the Association of Consulting Engineers (ACE). Reference will furthermore be made, where appropriate, to the relevant provisions of the FIDIC contracts and those of the ECC (the Engineering and Construction Contracts).

ABOUT THE SPEAKERS

Niall Lawless is an experienced international Chartered Arbitrator, Mechanical Engineer, Building Services Engineer, Information Systems Practitioner and Chartered Builder. Though Arbitrari Limited
he provides arbitration, mediation, and adjudication services, and his commercial and technical expertise is particularly appropriate in both domestic and international technology, engineering, and construction disputes. Niall sits on the Chartered Institution of Mechanical Engineers panels of Arbitrators and Adjudicators. He is also a member of ADR Associates at 1 Chancery Lane, London.

Jeffrey Brown is a partner in the Construction, Engineering & Projects department of international law firm Hammonds in Birmingham. He has over 20 years experience in dealing with engineering and construction disputes and is familiar with industry practices, including the standard forms of mechanical engineering contracts such as MF/1 and its predecessor, the model form "A" Conditions of Contract. During his career he has advised on many domestic and international disputes, developing significant expertise in this field.

Both Tracey Wood and Stuart Long are solicitors who are also experienced in dealing with engineering disputes as well as in the conduct of non-contentious matters. They are also based in the Birmingham office. Tracey lectures on a wide variety of construction law issues and is a frequent contributor to construction journals. Stuart has had the conduct of many adjudications and may be regarded as being an expert in this field.

Hammonds operates a network of integrated European offices as well as an office in Hong Kong, and has capability across Asia and Latin America. The firm offers a full service to clients, including practices from litigation to corporate, tax, property and pensions. It is at the forefront of developments in mediation and alternative dispute resolution, and has won the Centre for Dispute Resolution Award for excellence in alternative dispute resolution for an unprecedented three times in succession.

Venue

Institution of Mechanical Engineers
Westminster
London SW1H 9JJ
United Kingdom
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