Troubling Times for the WA Construction Industry
Join the ACA – WA to discuss risk allocation, insolvency and the precarious state of the local construction industry at their next event on 17 May.
The WA Committee invites you to attend its next wine and cheese event to hear lawyers Isla McRobbie and Graham Morrow discuss the implications of risk allocation and insolvency, and the parlous state of the Western Australian construction industry.
The wave of insolvency issues affecting subcontractors, contractors and others in the WA construction industry continues to develop unabated, and we are all looking for ways to avoid being caught up in the backwash, or worse, the wave itself.
Government is being urged to take steps to protect subcontractors in such circumstances. Contractors are similarly looking at ways to protect themselves in contracting arrangements with principals. Principals are looking to ensure their projects are completed without the disruption that accompanies insolvency.
As industry participants directly involved in projects affected by insolvency, it is important that architects be aware of the issues and the red flags. Equally it is important to understand what (project) life after insolvency might look like, including the impact of an administrator (and contract administration) process. Note that new laws coming into effect in mid-2018 may make this issue even more relevant.
Graham Morrow and Isla McRobbie are both experienced lawyers practising in the construction industry. They will outline the issues, by way of practical tips and experience, that you might encounter when a project is impacted by insolvency, what you can look for, how you might assist in managing the risk in the project, and what to expect in the event an insolvency event impacts your project.
They will cover the following topics:
- Background to insolvency in the construction industry
- Indicia of insolvency
- Causes of construction industry insolvency
- Principles of risk allocation
- Options for managing risk in construction contracts (such as security and project bank accounts)
- Statutory intervention – PPSA, adjudication and ownership under the CCA
- What to expect when an administrator is appointed (possible impact of new “ipso facto” and safe harbour laws)
6pm Thursday, 17 May 2018
Cullity Gallery, School of Design,
University of Western Australia,
cnr. Clifton St and Stirling Hwy, Nedlands
For further information, please contact Emma Brain.