Projects in Times of Crisis (Part 2): Contractual & Statutory Entitlements

INTRODUCTION

In the first webinar in this series, HKA and Kennedys joined forces to discuss force majeure, unforeseen circumstances, evaluation of work stream and costs and supply chain.  As the UAE’s construction industry continues to suffer the effects of Covid-19 (including delays, shortage of materials and labour, additional costs, suspension and even termination) we now team up again to address practical and legal aspects of damages for breach of contract and termination.

What can you recover if your contract is breached?  And what if your contract is terminated?

WHO SHOULD ATTEND?

Contractors, Subcontractors, Owners, Developers, Engineers.

SPEAKERS

Benjamin Highfield
Partner, HKA

Benjamin Highfield is a Partner and claims and disputes specialist at HKA.  Based in Dubai, UAE, he is responsible for business development and client relationship management in emerging markets throughout the Middle East, Africa and Asia regions.

Benjamin has more than 15 years’ major project experience in the construction industry, spanning buildings, transport infrastructure, oil and gas, power and water markets. Additionally, he regularly advises clients on commercial and contractual matters, as well as claims management and dispute resolution.

Benjamin has led teams on multiple oil and gas, water and power projects and has negotiated high value settlements with major governmental organisations. With his extensive experience of many of the major standard forms of contract, he has been employed by government bodies and large private companies to advise on a range of broad and diverse matters.

Ben is an experienced delay and quantum analyst and has prepared multiple claims for extension of time, disruption, prolongation and acceleration. He has drafted detailed contractual arguments for disputed variations, termination, suspension and arbitration amongst others. He is a chartered civil engineer, a Member of the Institution of Civil Engineers and a Fellow of the Chartered Institute of Arbitrators.

Mark Wilson
Partner, Kennedys

Mark is a Partner in our Dubai office. He is qualified in New Zealand (1985), England and Wales (1991) and Hong Kong (1992).

Mark has a wealth of over 30 years’ experience specialising in construction and construction insurance-related dispute resolution (arbitration, litigation and ADR).  He commenced practice in New Zealand before re-locating to Hong Kong, where he joined Kennedys in 2001.  He was one of the founding partners of the firm’s Dubai office, where he is the head of our construction practice, and has been based there since 2006.  His clients include developers, contractors/subcontractors, construction professionals and insurers/reinsurers.

Mark is experienced in construction/engineering and construction insurance-related dispute resolution (litigation, arbitration and ADR), project advice, contract/policy interpretation and drafting.  His clients include developers, contractors/subcontractors, construction professionals and insurers/reinsurers.

Mark is routinely listed in Who’s Who Legal: Construction (United Arab Emirates section).  He is a recipient of a Lexology Client Choice Award: Insurance (United Arab Emirates) and a Corporate Livewire Global Award (Construction & Real Estate).  He has authored articles published in the Construction Law Journal and the Hong Kong Law Journal, amongst others.

Laurice Elten
Senior Associate, Kennedys

Laurice is a Senior Associate in our Dubai office. She was admitted as a solicitor in the Supreme Court of New South Wales, Australia, in April 2013, and practised one of Australia’s top-tier law firms until February 2018.

Laurice specialises in major construction disputes and has been the day-to-day contact on a number of significant construction matters in the Middle East region.  Laurice also has a background in, and continues to practice in, insurance disputes, particularly professional indemnity and construction-related insurance.

Laurice has represented engineering companies in the local UAE Courts, property developers in the DIFC and generally acted for range of large employers and contractors in arbitrations across the UAE and Oman.  Laurice has ran cases in a number of the major arbitration forums including the ICC, ADCCAC, DIFC-LCIA and DIAC.

She has been praised by clients, Counsel and colleagues alike and has been referred to as “an extremely able lawyer, intelligent and commercial” and “a vital component of the legal team”.