Contract variations: Can a Principal ever be under a duty to instruct a change to the contract scope and other interesting legal puzzles concerning contract variations

Large-scale construction projects frequently become a ‘battlefield’ where, despite painstaking planning, changes are inevitable, particularly on major projects in Australia where variations are consistently required. It is therefore critical for contractors and principals to fully understand their rights and obligations concerning project to the scope of works changes.

Join us for a seminar from one of the world’s leading authorities on contract variations. Michael Sergeant's (Global Head of Construction at HFW) will take us through several of the important topics in this area, such as:

• Critical aspects of variations in construction contracts.
• Whether an employer must instruct a variation when the contractor can't proceed without it.
• Changes in variations clauses over the years (FIDIC 1999 vs. FIDIC 2017).
• The distinction between variations and claims, and its implications for contractors and principals.
• Contractor liability for failures in revised designs under a design & build contract.

Speaker:  Michael Sergeant,  Head of Global Construction Team, HFW

Michael is the Head of the Global Construction Team at HFW. He advises on all aspects of construction contracts and law, with a particular focus on problems that arise during projects and formal disputes.

Michael is the author of Construction Contract Variations, the only specialist book on the legal issues relating to changes to the scope of work on construction projects which has been described in reviews as “a master guide” (Doug Jones, International Construction Law Review) and “an indispensable classic” (Simon Rainey KC, Law Society Gazette). He is involved in a number of industry and academic bodies. He teaches on the Stuttgart University Construction Law Masters course; is a member of the Consultation Board for the Thomson Reuters legal resources website Practical Law, and was on the panel of friendly reviewers for the FIDIC second edition suite. He also regularly speaks at industry conferences.

Moderator and Welcome: Sean Marriott, Partner - HFW, Rachel Irwin, Senior Associate - HFW

Sean is a Partner at HFW in Perth and an Engineer. He specialises in construction law and international arbitration. Sean is consistently ranked in legal directories for construction law and international arbitration, including as one of Australia’s Pre-eminent Arbitration Lawyers, in the Legal 500, Lexology Index, Best Lawyers, and Doyle's Guide and was International ADR Practitioner of the Year – Australian ADR Awards in 2023. Sean is an Australian delegate to the ICC Commission on Arbitration and ADR, and a member of the ICSID Panel of Arbitrators and Conciliators and a Fellow of CIArb and ACICA. Sean is a prolific thought leader in construction law and international arbitration, and has lectured at the University of Melbourne and the University of Western Australia, as well as contributing to major SoCLA initiatives

Rachel has extensive experience in advising clients on a broad range of large-scale infrastructure, construction, engineering, commercial and international trade and customs disputes, including in arbitrations, litigation, mediation and adjudication. Rachel has experience working for clients (including contractor, consultants and principals) across jurisdictions in NSW, Victoria, Queensland and Western Australia.

Location

HFW Australia

Level 15, Brookfield Place – Tower 2

123 St Georges Terrace

Perth WA 6000

Cost

• This event is free to attend for SoCLA members and invited guests.
• The event is otherwise $49.50 for non-members.

Important info

• This event is in-person only and will not be recorded.
• There will be time for questions at the conclusion of the discussion, followed by networking drinks.

Register here