Scottish Building Contract Committee Wednesday 14 November 2018 Event supported by:

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1 Scottish Building Contract Committee Annual Conference Wednesday 14 November 2018 The Merchants House of Glasgow 7 West George Street Glasgow G2 1BA Event supported by:

2 The Conference Event details SBCC s 2018 Annual Conference will provide a definitive guide to the latest developments in building contracts and construction law in Scotland. It is suited to architects, engineers, solicitors, chartered surveyors and contractors in both the private and public sectors. This year we will feature some of the more difficult but critically important issues affecting our industry, including the safety and quality of our buildings and payment abuse in contracts. We are delighted that Professor John Cole will deliver the State of the Nation address in which he will focus on the findings of two Independent Inquiries of industry-wide significance established to address major issues of building quality. We will take an in-depth look at Contractor Designed Portions from the viewpoints of a lawyer, a contractor and a consultant. The programme also includes invaluable updates on SBCC contracts, legal issues affecting the industry, public contracts and adjudication. The outstanding speakers include Len Bunton (Bunton Consulting), Professor John Cole, Bruce Dickson (BAM Construction Ltd), Neil Kelly (McRoberts), Mark Kirke (CMS), Rudi Klein (Specialist Engineering Contractors Group), David MacDonald (Scottish Futures Trust), Janey L Milligan (Construction Dispute Resolution) and Ann O Connell (BTO Solicitors). Delegate fee We are pleased that we have been able to hold delegates fees at the same rates as last year. The delegate fee includes access to all sessions, lunch and tea/coffee during refreshment breaks. The early bird delegate fee provides a 25% saving on the full ticket price. It is available until 31 October 2018 and payment must be received by this date to qualify for the reduced rate. Early bird delegate fee Full delegate fee Student / Retired 135 (Price includes VAT) 180 (Price includes VAT) 48 (Price includes VAT. Limited number available) Book your place To secure your place and hear from industry experts about critical changes affecting your industry, now and in the future, please book online via our Eventbrite page at sbccannualconference.eventbrite.co.uk. Local Authorities and universities can be invoiced on receipt of a purchase order number. Please contact gemma.sinclair@rias.org.uk to arrange. Conditions of Booking As space is limited for this event bookings will be strictly first come first served. Please note that cancellations can only be accepted with a minimum of one week s notice. Delegate name changes can be accepted.

3 Programme 9:30am 10:00am 10:10am Registration & Coffee Welcome Lisa Cattanach, Vice Chair, SBCC, Director, Construction Dispute Resolution Legal Update Neil Kelly, Partner, McRoberts 10:40am Update on SBCC Contracts 2018 Ann O Connell, Consultant, BTO Solicitors 11:00am 11:20am 11:50am Tea / Coffee Break Public Contracts/HUBS David MacDonald, National Programme Director, Scottish Futures Trust Contractor Designed Portions Mark Kirke, Partner, CMS Bruce Dickson. Regional Director, Scotland, BAM Construction Ltd. TBC 12.40pm 1:30pm Lunch Eliminating Payment Abuse in Contracts: What Needs to Happen Len Bunton, Consultant, Bunton Consulting Rudi Klein, CEO, Specialist Engineering Contractors (SEC) Group 2:15pm 3.00pm 3:20pm 4:20pm 4:40pm Adjudication Janey Milligan, Managing Director, Construction Dispute Resolution Tea / Coffee Break State of the Nation - Restoring Confidence: The need for a focus on Quality Professor John Cole Question and Answer Session Closing Remarks Please note: the programme may be subject to minor alteration.

4 Lisa H Cattanach BSc, LL.M, FRICS, FCIArb Vice Chair SBCC Director, Construction Dispute Resolution Ltd Lisa has been a Director at Construction Dispute Resolution Ltd since In the dispute resolution field, she is actively involved in providing Parties with advice in various areas of disputes in respect of avenues available to them to bring about resolution of their disputes and assisting them thereafter in reaching a settlement. Lisa is a registered Adjudicator with the RICS in Scotland and the Royal Institute of British Architects and has been appointed to over 50 adjudications to date. She also acts as Party Representative and Adviser and has done so in excess of 50 adjudications. Lisa is an experienced negotiator; an Accredited RICS Mediator and an Accredited RICS Expert Witness. Lisa is Joint Regional Co-ordinator for Scottish Branch of the Society of Construction Law. Len Bunton FRICS, FCIArb, Hon FRIAS Consultant, Bunton Consulting Len is the immediate past Chairman of the Scottish Building Contracts Committee Ltd, and Past Chairman of the Scottish Branch of the Chartered Institute of Arbitrators. He currently practices as an Arbitrator, Adjudicator, Mediator and an Expert Witness. Len has extensive experience in the procurement, delivery of and cost management of major projects, and in dispute resolution. He has worked on construction disputes in nine international countries. He is tutor on courses on Arbitration and Adjudication run for members by the Chartered Institute of Arbitrators. He is a campaigner for changes in the Scottish Construction Industry, to improve payment practices. In 2017 he was made an Honorary Fellow of the Royal Incorporation of Architects in Scotland.

5 Professor John Cole CBE RIBA Independent Consultant John Cole is an independent consultant, acting primarily as a strategic client adviser on a range of major international public-sector infrastructure projects. In his previous role as Chief Executive of Health Estates in Northern Ireland, John led and oversaw the implementation of a programme of health buildings with a total capital cost exceeding 3.5 billion, many of which have won international, national or regional design awards. From 2008 to 2012, John was Chairman of the European Health Property Network which had membership from a wide range of European countries. One of his current roles on major health projects is as Board Member and Chair of the Design Committee for the National Paediatric Hospital Development Board in Ireland. He is currently an independent member of the development and project boards for both a major educational campus and a major sports stadium. Over the last 20 years he has served several terms as a member of RIBA Council and has previously acted as chair of the Continuous Professional Development and Procurement Committees at the RIBA. He is a past-president of the Royal Society of Ulster Architects and an Honorary Fellow of the Royal Incorporation of Architects in Scotland. In 2014 he was appointed as an Honorary Professor in the School of Planning, Architecture and Civil Engineering at the Queen s University of Belfast. In 2016 John chaired the independent inquiry into Edinburgh s school closures. Following this, he was asked by the Scottish Government to chair a Review of Compliance with and Enforcement of Building Standards in Scotland. In 2013 he was appointed a Commander of the British Empire (CBE) for his contribution to the development of health infrastructure.

6 Bruce Dickson Regional Director, Scotland, BAM Construction Ltd. After graduating from the University of Edinburgh in 1988, Bruce joined Tarmac Construction s noncognate graduate programme and trained as a Quantity Surveyor with their civil engineering major projects division. He joined BAM (then GA Group) in 1992 rising to Commercial Director in He was promoted to Regional Director of the Scottish business in He has an LLM in Construction Law from Strathclyde University and studied business management and leadership at the Roffey Park Institute and Nyenrode Business Universiteit. Bruce is a Fellow of the RICS and for many years was an APC assessor and chairman. He is a guest lecturer at Edinburgh University s School of Architecture, sits on the Construction Scotland Industry Leadership Group, is Vice Chair of the Scottish Contractors Group and was the Chairman of Construction Scotland s Procurement Implementation Group working with Scottish Government and the SFT on the implementation of the review recommendations. Neil Kelly LLB (Dist.), Dip.LP, W.S., Hon RICS, Hon FRIAS, ACI Arb Partner, McRoberts Neil has nearly 35 years experience in advising on the avoidance and resolution of construction and civil engineering disputes covering areas such as contract, negligence and insurance law. He has extensive knowledge and experience of ADR, including mediation, adjudication and arbitration - representing clients and acting as adjudicator and arbitrator. Neil is convener of the Scottish Branch of the Adjudication Society and a Past Chairman of the Scottish Branch of the Chartered Institute of Arbitrators. Reflecting his work in the construction sector Neil was made an Honorary member of RICS in 2007 and an Honorary Fellow of RIAS in In 2016, he was awarded the Open Prize of the Chartered Institute of Building for his services to construction law. Neil continues to be a leader in his field and an outstanding advocate of construction and contract law - according to Chambers UK Guide to the Legal Profession where he is Ranked in Band 1. Legal 500 awarded Neil Hall of Fame status in 2018.

7 Mark Kirke Partner, CMS Mark is a leading lawyer in Scottish construction and engineering dispute resolution, acting for many of the most prominent names in the market on resolution of significant disputes across a number of forums including Adjudication, Arbitration, Litigation and Mediation. A Partner in the Infrastructure Construction and Energy Disputes team at CMS, he has specialised in Construction Law since 2000 and, dual qualified in Scots and English Law, acts in particular for Employers and Main Contractors on construction disputes throughout the UK. Rudi Klein CEO, Specialist Engineering Contractors (SEC) Group Rudi is CEO of the Specialist Engineering Contractors (SEC) Group representing the UK s premier trade associations in the specialist engineering sector. He is a barrister in construction law and President of the NEC Users Group. Rudi is acknowledged as the driving force behind the changes to improve payment performance in the UK construction industry. These include the Construction Act and project bank accounts. He helped draft the Construction Contracts Act in Ireland which was added to the Irish Statute Book in July Rudi is the author of two legal publications and countless legal articles in the construction press and academic journals. He is Visiting Professor of Construction Law at the University of Northumbria and University of Stuttgart. In 2015 he was awarded the Clare Edwards Award for his professional excellence and contribution in the field of construction law. In October 2016 Rudi was presented with a Lifetime Achievement Award by SELECT the trade body for the electrotechnical industry in Scotland. SEC Group was awarded the 2018 Gold Award at the H&V News Awards.

8 David MacDonald National Programme Director, Scottish Futures Trust David is the National Programme Director for the Scottish Futures Trust overseeing the implementation of the hub programme spread across five territories in Scotland. Prior to this role David was the Director of Strategic FM with Turner & Townsend, responsible for the company s FM consultancy in the UK and abroad. Previously, as Chief Executive Officer of Robertson Facilities Management Ltd, David led the development and delivery of the company s facilities management business. This followed on from his role as Managing Director of BAM FM Ltd, establishing the company as a major FM player in the PPP/PFI sector across the UK. David graduated as a Quantity Surveyor from Robert Gordon s in Aberdeen and is a member of the Royal Institution of Chartered Surveyors. Janey L Milligan LL.M, FRICS, FCIArb Managing Director, Construction Dispute Resolution Janey has been Managing Director of Construction Dispute Resolution since An experienced Chartered Quantity Surveyor, she is a qualified Adjudicator, Arbitrator & accredited Expert Witness; with an impressive track record. Janey has experience in the private and public sectors through practising as a Quantity Surveyor, lecturing and providing construction dispute consultancy services. Janey has also provided expert witness reports in relation to liability, quantum and damages in construction contract claims for extension of time, loss and expense; contract administration and measurement matters. This has been on a variety of complex building, engineering and renewable energy sector projects. Janey lectured at Glasgow Caledonian University in Building Contracts and Construction Law and continues to lecture and tutor on various professional bodies courses and conferences on dispute resolution topics. Janey is a past Chairman of the RICS in Scotland ( ) and remains actively involved in RICS activities.

9 Ann O Connell Consultant, BTO Solicitors Ann is Consultant with BTO Solicitors and is a specialist in construction law accredited by the Law Society of Scotland. Ann has both contentious and non-contentious construction skills and vast experience in dealing with claims for engineers and building consultants. She has a comprehensive knowledge of construction industry contracts and appointments. She sits on the SBCC Committee and is Chair of the SBCC Drafting Sub-Committee. She has performed the prestigious role of drafting the SBCC 2005 suite of contracts, through the 2009, 2011 and 2016 editions. Ann advises and lectures regularly on SBCC and NEC forms of contracts. She represents SBCC on the JCT drafting Sub Committee and the Facilities Management Contracts Working Group.

10 SBCC thanks the sponsors for their support of this event: For more information, please contact: Janet Nixon, SBCC Ltd, 15 Rutland Square, Edinburgh EH1 2BE t e info@sbcconline.com w

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