Construction Law Brochure3 - West Africa Built Environment ... · Construction law and its practice...

Partners

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West Africa Built Environment Research (WABER) Conference

Resource PersonsRob Morson, Pinsent Masons

Divine Letsa, Bentsi-Enchill, Letsa & Ankomah

Brochure for Part 1

CONSTRUCTION LAW SEMINAR

26 - 27 April 2017 • British Council, Accra, Ghana

Special Keynote Address by Justice Gertrude Torkornoo, Justice of the Court of Appeal

1C o n s t r u c t i o n L a w S e mi n a r

CONTENTS

Welcome Message _________________________________________________________________ 2

Appreciation & Acknowledgements ___________________________________________________ 4

Connect with Us ___________________________________________________________________ 5

Programme for Part 1________________________________________________________________ 6

Profile of Resource Persons ___________________________________________________________ 8

Other Speakers ____________________________________________________________________ 9

Programme for Part 2 ________________________________________________________________ 14

Speakers for Part 2 ___________________________________________________________________ 16

WELCOME MESSAGE

A warm welcome to everyone present at this inaugural Construction Law Seminar in Accra, Ghana which is

organised by the West Africa Built Environment Research (WABER) Conference in collaboration with local and

international partners. To all of you who have come from outside Ghana, we extend a very special welcome to

you by saying “Akwaaba” which means “Welcome” in our local language.

Thank you to each of you for being part of this. We hope that you will find the presentations, discussions, and

networking opportunities here useful for enhancing your contract practice, your professional development and

the development of your organisation.

This Construction Law Seminar provides an opportunity for persons involved in construction and engineering

contracts to enhance their knowledge in the specialized area of construction law. Participants will be able to

apply the knowledge acquired here to analyse and manage contractual issues in infrastructure projects. This

should contribute towards better legal management of infrastructure projects/contracts which can enhance

value for money and expected outcomes in projects.

Construction law and its practice has become a specialisation which is growing in its significance

internationally. This seminar can provide a starting point for a community of practice in the area of construction

law in this region. Internationally, a Society of Construction Law based in the UK was formed in 1984 and they

began having meetings in various locations and publishing papers relating to legal and contractual issues in

infrastructure projects. That Society developed rapidly and attracted global membership. Inspired by the Society

of Construction Law (SCL) in the UK, the Society of Construction Law for Africa (SCLA) was formed in 2013. It is

affiliated to the SCL UK and with associate societies across Europe, the UK, Asia, UAE, Australia and New

Zealand. SCLA exists to promote education, study and research in the field of construction law and related

subjects on the African continent. The reason for mentioning all of this is that we are doing this event in

partnership with the SCLA and the Chairman, Advocate Johan Beyers, extends warm wishes to everyone present

here. He will be with us for Part 2 of this seminar in August 2017.

We have a strong programme that will be delivered by distinguished speakers and resource persons for both Part

1 and Part 2. We hope that participants will receive detailed knowledge on key issues in infrastructure contracts

in our local context; and be equipped with practical knowledge and principles in construction law that can be

applied to enhance better legal management of infrastructure contracts.

I would like to indicate that our aim is not to equip participants with knowledge that some may want to apply in

litigating and being contentious on construction and engineering contracts (although you can). That will not be

ideal. Rather, we strongly encourage each of you to apply the knowledge gained from this seminar in the front

end part of the formation, negotiation and documentation of infrastructure contracts so that such contracts will

run more smoothly and deliver the intended outcomes for all parties involved. That is the ideal outcome we seek

to achieve. This requires all parties, especially client organisations and their consultants, to prepare contracts

that are clearer and fairer in terms of risk allocation between the parties. This will promote collaboration and

good relations between the parties in a construction contract. Global evidence in recent years demonstrates that

where parties collaborate and work together genuinely, there is a greater likelihood of achieving better value for

money and intended outcomes in infrastructure projects/contracts.

2 Organised by WABER Conference

A sound knowledge of construction law and principles for analysing contractual issues in infrastructure

contracts can enhance better legal management of infrastructure projects and promote collaboration among the

parties in construction and engineering contracts. It is our expectation that this seminar will contribute towards

the promotion of collaboration and better legal management of infrastructure projects/contracts through parties

who are better informed about the range of contractual issues that need to be addressed early on in the contract

formation process and know the core principles for analysing and taking them into account in the contract. This

can ultimately help to avoid adversarial relations and litigation that can prove expensive and damaging to

relationships.

Enjoy the next two days and we would appreciate some feedback on your experience of this Construction

Law Seminar.

Thank you

Prof Sam Laryea, PhD

Chairman of WABER Conference & Convenor of the Construction Law Seminar


APPRECIATION & ACKNOWLEDGEMENTS

• Pinsent Masons

• Bentsi-Enchill, Letsa & Ankomah

• Society of Construction Law for Africa

• Ghana Institution of Surveyors (GhIS)

• Nigerian Institution of Quantity Surveyors (NIQS)

• Ghana Bar Association (GBA)

• Ghana Institution of Engineers (GhIE)

• Ghana Real Estate Developers Association (GREDA)

• Association of Building and Civil Engineering Contractors of Ghana (ABCECG)

• Royal Institution of Chartered Surveyors (RICS)

• 3CDMS Online Construction Exhibition

• Dataware Consult (IT partners)

• Excelsis Ghana (Videographers)

• All organisations whose staff are present at this Seminar


CONNECT WITH US

Visit our websites and social media sites for more information about our activities:

West Africa Built Environment Research (WABER) Conference

[email protected]

www.waberconference.com

@WABERConference

West Africa Built Environment Research Conference

WABER Conference

WABER Professional Education

[email protected]

www.waberprofessionaleducation.com

@WABERProfEd

WABER Professional Education

African Journal of Built Environment Research

[email protected]

www.waberjournal.com

Join us for our other 2017 Programmes

Construction Law Seminar (Part 2)

14-15 August 2017 | British Council in Accra, Ghana

Infrastructure Procurement and Delivery Management Workshop

17-18 August 2017 | ISSER Conference Complex, University of Ghana

WABER 2017 Conference


To register for any of these programmes please email us at [email protected]

or call 0545 204 300


PROGRAMME

WEDNESDAY (26 APRIL 2017)

TIME PROGRAMME

07:30 – 08:30 Registration

08:30 – 08:40 Welcome remarks, Acknowledgment of partners, Introduction of invited guests and resource

persons – Prof Sam Laryea, Chairman of WABER Conference

08:50 – 09:50 SPECIAL KEYNOTE ADDRESS

A review of key issues in infrastructure contracts

Justice Gertrude Torkornoo, Justice of the Court of Appeal

10:00 – 11:00 Overview: What we will cover.

SESSION 1 – Rob Morson

Contract formation in construction and engineering projects: A General Common Law

Perspective (a fresh look at basic principles and how these play out in tender processes)

11:15 – 11:30 Networking and refreshments break

11:30 – 12:00 SESSION 1 –DKD Letsa

Contract formation in construction and engineering projects: A Ghanaian Perspective

(including an overview of common standard form contracts used in Ghana and standard

documents used in contract and price formation)

12:00 - 12:30 SESSION 1 – Rob Morson

Contract formation in construction and engineering projects: Letters of Intent and Award

(how we get it wrong trying to do the right thing)

12:30 – 12:50 Q&A – Panel: Rob Morson, DKD Letsa

12:50 – 13:40 Lunch

13:40 – 15:20 SESSION 2 – Rob Morson

Risk allocation in construction contracts: General Principles (including consents and

permits, fitness for purpose, ground condition risk, weather risk, force majeure, loss or

damage to the works, take-over, liability for defects, insurance and performance bonds)



Risk allocation in construction contracts: Time & Cost (a more detailed insight into the role

time and cost entitlement plays in risk allocation, touching specifically on the relationship

between (i) Employer and Contractor and (ii) Contractor and Subcontractor)

16:30 – 16:45 Q&A – Panel: Rob Morson, DKD Letsa

16:45 Close


THURSDAY (27 APRIL 2017)

TIME PROGRAMME


08:30 – 08:40 Audio-visual overview of Day 1

08:45 – 09:25 PROFESSIONAL PERSPECTIVE ON INFRASTRUCTURE CONTRACTS

Nature of construction and engineering contracts in the West African context -

a contractor’s perspective

Mr Rockson Dogbegah, Executive Chairman of Berock Ventures Ltd (Civil Engineering and

General Building Contractors) & Vice President of Chartered Institute of Building (CIOB) Africa

09:30 – 11:00 SESSION 3 – Rob Morson and DKD Letsa

(including Q&A) Rob Morson – Part 1 (1hr): Design Liability in Construction Contracts

Employer’s and contractor’s obligations, contractual design responsibility and liability,

negligence & fitness for purpose and a look at the Split Delivery Model (Constructing to the

Employer's Design - Obligations of the Employer, the Professional Team and the Contractor

(where the line is blurred, interface risk and liability)

DKD Letsa - Part 2 (30min): Professional Duty of Care & Liability under Ghanaian Law

(duty of care obligations and expectations of various parties in infrastructure projects, how

liability works in the context of infrastructure contracts in Ghana, review of recent cases of

professional liability and implications for practitioners)


11:30 – 13:00 SESSION 4 – Rob Morson and DKD Letsa

Rob Morson - Part 1 (1hr): Dealing with change in construction contracts (variations,

adjustment for changes in cost/price fluctuations, changes in law, changes in technical codes

and standards, changes to the employer's requirements or the works during construction and

lump-sum vs. re-measurable contracts)

DKD Letsa - Part 2 (30min): Dealing with change in construction contracts (a brief look at

how these matters are dealt with in the Ghanaian Standards Forms)

13:00 – 14:00 Lunch


Change: Mitigating the expected-unexpected

Contract Awareness and Missed Opportunities (a look at how things could and should be

done if we only took the time to (i) understand and (ii) engage)

15:30 – 15h45 Networking and refreshments break

15h45 – 16:30 SESSION 5 – General Q&A – Rob Morson, DKD Letsa & Sam Laryea

Open Q&A session on matters covered

16:30 Close and collection of certificates



RESOURCE PERSONS

Rob Morson

Partner, Pinsent Masons

Former Head of Construction at Bowman Gilfillan

Rob specialises in construction law focussing on front-end and non-contentious legal

issues. Rob has advised comprehensively across both the public and private sectors

and has extensive experience in the use of both bespoke and standard form construction

and professional consulting contracts (including FIDIC and the NEC), and in-depth practical knowledge of

construction law and infrastructure development. He has acted for employers, contractors and consultants (both

local and international) on projects, disputes and other matters in connection with energy, port, mining and

process plant projects, and also industrial and commercial property transactions. Chambers and Partners

awarded Rob "Star Individual in 2016" (the first such ranking in the Construction area in South Africa).

Chambers remarks that Rob has "an outstanding reputation in this arena, with a wealth of experience in

construction matters" and quotes sources as saying "one of the top guys in the country - his commercial acumen

is beyond reproach".

Divine K. D. Letsa

Partner & Head of Construction, Infrastructure & Transport,

Bentsi-Enchill, Letsa & Ankomah

Divine Letsa is a Partner and Head of the Construction, Infrastructure & Transport

practice Group at Bentsi-Enchill, Letsa & Ankomah. Prior to becoming Head of CIT, he

was Head of the Commercial and Property Team as well as dispute resolution and in that

capacity worked on a large number of matters. Divine advises extensively on shipping, maritime, aviation,

insurance, general & specific due diligence, construction and real estate transactions, project finance, negotiation

and drafting of documents, contract administration and legal advice. Divine qualified as a lawyer in 1975 after

graduating from the University of Ghana, Legon with LL.B. in 1973. In 1990, Divine was the co-founder of the firm

and head of the Commercial and Property Team. Prior to joining the firm, he had worked as Assistant Director in the

civil litigation and advice section of Ministry of Justice, Cross River State, Nigeria, having earlier taught law at the

University of Cross River State. He started his legal career at the State Insurance Corporation of Ghana in 1975 as an

Assistant Legal Officer, but left after three years for private law practice when he joined Sekyere Chambers, Kumasi

and focused mainly on civil and criminal litigation, commercial and real estate law.


OTHER SPEAKERS

Justice (Mrs.) Gertrude Torkornoo

Justice of the Court of Appeal

Supervising Judge of Ghana’s commercial divisions of the High Court

Her Ladyship Mrs. Justice Gertrude Torkornoo is a Justice of the Court of Appeal of

Ghana. She is a member of the International Association of Women Judges, the

Association of Magistrates and Judges in Ghana and a fellow of the Commonwealth Judicial

Educators Institute based in Canada. She also teaches as a faculty member of the Judicial Training

Institute of Ghana. Justice Torkornoo founded Sozo Law Consult in 1997 but left the firm when she was called to the

bench in 2004. She has written five books, three on law and two on poetry.

Mr Rockson Kwesi Dogbegah

Chairman of Berock Ventures Ltd & Vice President of CIOB Africa

Mr. Rockson Kwesi Dogbegah is a Chartered Construction Manager, an MBA

graduate from Demontfort University, Leicester UK and a Fellow of Chartered

Institute of Building (FCIOB) UK, Fellow of the Royal Institute of Chartered

Surveyors(FRICS) UK, a Fellow of the Ghana Institute of Construction (FGIOC) and also

a Fellow of Institute of Directors (FIoD) of Ghana. He is the Board Chair of Berock Ventures

Ltd, The Vice President of Chartered Institute of Building (CIOB)-Africa and also doubles also the President of

Ghana Contractors Association Council (GCAC). He is also a member of Project Management Institute (PMI)

USA & Ghana, a member of Global Ethics Forum of Switzerland, a member of Ghana’s Task Force on

Sustainable Public Procurement (GTF-SPP) and also a member of the Management Board of CSIR-Building and

Road Research Institute, Ghana. Mr Dogbegah is also the Interim Chairman for the African Union of

Construction Managers (AUCM). Over the past 2 years, Mr. Dogbegah has been very pivotal in the development

of the construction industry of Ghana, first, as a contractor; second, as an advocate for a construction industry

development agenda; and also, contributes to research and scholarship. Mr. Dogbegah has keen interest in

research and has published two peer reviewed journal papers in project management since 2010. Mr Dogbegah

has just been appointed the Construction Sector Chair for Association of Ghana Industries. Mr. Dogbegah has to

his credit over Fifteen (15) international and national awards from several reputable institutions on

Entrepreneurship, Quality Management and Business Development. Key among these awards is the Lifetime

Achievement Award for his contribution to the construction industry and national development in 2015.

In 2016, Mr. Dogbegah was elected to the Entrepreneurs Hall of Fame (building and construction), at the Ghana

Entrepreneurs and Business Support Awards in Accra. Indeed, Mr. Dogbegah is an illustrious citizen of Ghana

and continues to serve as both member and chairman of several boards of key public and private organisations

in the country adding his quota to the development of excellence and sustainable growth of this country.

NOTES


PROGRAMME FOR PART 2: 14 - 15 AUGUST 2017

MONDAY (14 AUGUST 2017)

TIME PROGRAMME


08:30 – 08:40 Opening remarks, acknowledgment of partners, introduction of invited guests and resource

persons – Prof Sam Laryea, Chairman of WABER Conference

08:50 – 09:50 KEYNOTE ADDRESS

Special keynote address by Advocate Johan Beyers, Chairperson of the Society of

Construction Law for Africa, International member of Keating Chambers in London,

Advocate at the Cape Town Bar

10:00 – 11:00 – Rob Morson and Richard LaudySESSION 5

Delay and disruption in construction contracts (core principles and matters relating to

construction time)



Delay and disruption in construction contracts (core principles and matters relating to

construction time)

12:30 – 13:00 Q&A – Panel: Rob Morson, DKD Letsa, Johan Beyers

13:00 – 13:50 Lunch


Claims – extension of time claims, claims for loss/expense, global claims, quantum meruit

claims, quantification of claims, etc.



Claims – extension of time claims, claims for loss/expense, global claims, quantum meruit

claims, quantification of claims, etc.


16:50 Close


TUESDAY (15 AUGUST 2017)

TIME PROGRAMME


08:30 – 08:40 Audio-visual overview of Day 1

08:50 – 09:50 TALK

10:00 – 11:00 – Rob Morson and DKD Letsa SESSION 7

Payment issues and practical remedies for late payment and non-payment in construction

contracts


11:20 – 12:30 – Rob Morson and DKD LetsaSESSION 7

Payment issues and practical remedies for late payment and non-payment in construction

contracts


13:00 – 13:50 Lunch


Liability for design or construction defects in infrastructure projects (including legal rights

of the original client and a person who has acquired the completed building from the original

client)



Liability for design or construction defects in infrastructure projects (including legal rights

of the original client and a person who has acquired the completed building from the original

client)


16:50 Close and collection of certificates

Convenor:

Prof Sam Laryea, Wits University, Johannesburg, South Africa

Chairman of WABER Conference


SPEAKERS FOR PART 2

• Rob Morson, Pinsent Masons

• Richard Laudy, Pinsent Masons

• Divine K.D. Letsa, Bentsi-Enchill, Letsa & Ankomah

• Justice Gertrude Torkornoo, Justice of the Court of Appeal

• Dr Ron Watermeyer, Chairman of the International Organization for Standardization (ISO)

Technical Sub-committee (ISO TC59 / SC18) for Construction Procurement & Director of

Infrastructure Options (Pty) Ltd

• Advocate Johan Beyers, Chairperson of the Society of Construction Law for Africa,

Advocate at the Cape Town Bar, International member of Keating Chambers in London

Thank you for your participation and we look forward

to seeing you in August

Register now for Part 2 at the front desk

or email us at [email protected]

or call 0545 204 300


WABER ConferenceKnowledge, Interaction, People and Leadership

Designed by Streak Design

Join us for our other 2017 Programmes

Construction Law Seminar (Part 2)

14-15 August 2017 | British Council, Accra, Ghana

Infrastructure Procurement and Delivery Management Workshop


WABER 2017 Conference


for more information please email us at

[email protected]

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