LawSense School Building Projects & Property Management

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Program

12.00    LawSense Welcome

12.05    Chairperson’s Introduction

Jane Macneil, Corporate Services Manager and Company Secretary, Yarra Valley Grammar School

12.10    Building Finance, Leasing/Hiring Out and Maintenance: Ensuring You Effectively Address Current Risks, Optimise the School’s Position and Meet Not for Profit Requirements

Key Legal and Risk Considerations with Different Finance & Building Use Arrangements

• Outlining building finance and use arrangements with schools, applicable law, key risks and aspects to consider

Not for Profit Restrictions

• Exploring prohibited structures or arrangements (especially with associated entities) in:
  • financing and loans
  • leases and land / building use arrangements
  • service and management fee arrangements

Hiring Out School Facilities

• Exploring common scenarios where schools allow external parties or the public to use facilities
• Examining the school’s duty of care and child safety obligations
• Assessing your options, including risk assessment and management of potential liability and obligations
• Considerations in allowing hiring groups to use the school’s name
• Examining key matters to consider in contracts with external users of school spaces or facilities
• Indemnity arrangements: to what extent will indemnity clauses cover the school?

Optimising Maintenance Contracts

• Examining key aspects to consider in long term and one-off maintenance contracts in the current environment, including cleaning contracts
• Ensuring you meet child safety obligations in dealing with contractors and their staff

Jonathan Teh, Principal, Russell Kennedy Lawyers

1.10      Break

1.20      School Building and Repair Projects: Selecting Optimum Procurement Strategies and Contracts in a Changed Environment

• Examining factors driving increased risks and pricing in tendering and managing school building and maintenance projects
• Categorising the projects by size and complexity and/or risk
• Reviewing key procurement approaches for school projects:
  • appointment of builder or preferred supplier
  • open tender / closed tender
  • owner builder
• Examining the pros and cons of each procurement approach
• Appointment of architect and engineers:
  • pros and cons of using the architect as the project manager
  • optimising the roles and responsibilities of architects and engineers throughout the project
• Construct only versus design and construct
• Dealing with builders retention:
  • cash, bank guarantee, or insurance?
  • release of the bank guarantee
• Exploring options to manage sub-contractor or builder insolvency risk
• Reviewing forms of contracts and key considerations in selecting one contract type over another, Standards Australia, ABIC, MBA and HIA
• Maintenance projects and their categories – ones where terms are non-negotiable ie lift maintenance, fixed price or rates

Andrew Denehy, Partner, Gadens

2.20      Break

2.30      Examining Best Practice in Managing Ongoing School Building Projects and Dealing with Disputes and Defects

• Exploring and comparing arrangements in schools for ongoing management of building projects
• School staff member involvement in the project:
  • exploring the optimum role of the staff member in project delivery
  • dealing with circumstances where something goes wrong and the consultants and the builder blame the staff member and do not accept the responsibility for the problem
• Dispute management and resolution:
  • examining common clauses relevant to dispute resolution in school building or maintenance contracts and relevant law
  • optimising the school’s position in dealing with disputes
• Understanding your rights and options in dealing with defects claims
• Examining processes, options and work-arounds where the builder is in financial trouble
• Learning from school case studies – what has worked well and where have schools come unstuck?

Helena Golovanoff, Partner, Holding Redlich Lawyers

3.30      Closing Remarks from the Chair

3.35      Event Close

Presenters / panelists include:

	Jane Macneil (BComm, LLB, CPA, MBA, AGIA, GAICD) is currently the Corporate Services Manager and Company Secretary at Yarra Valley Grammar School. She joined YVG in 2013 and has also held the position of Corporate Services Manager. Prior, Jane was: Chief Finance Officer of the National Trust of Australia (Victoria) for nearly six years; and for five years, Director of Finance for Hilton International (three properties - Melbourne, Perth, and Maldives).
	Jonathan Teh is an experienced corporate and commercial lawyer who predominantly acts for health and large not-for-profit organisations. In particular, he assists Primary Health Networks to commission health services (eg headspace), community health services, public hospitals, medical colleges/societies and disability organisations with the NDIS rollout. Jonathan has degrees in Law and Engineering, and a Graduate Certificate in Entrepreneurship and Innovation.
	Andrew Denehy has practised extensively in construction and development law for more than 30 years, and has extensive experience in representing clients in expert determinations, mediations, arbitration and litigation. Andrew is an expert in preparing and negotiating all types of agreements and documentation for building and engineering projects. He frequently advises on and prepares amendments to the industry standard form contracts as well as project or client specific contracts.
	Helena Golovanoff is a partner in Holding Redlich’s Construction and Infrastructure group. With over 15 years’ experience in large scale construction and commercial disputes throughout Australia, she provides dispute resolution, transaction and advisory services.

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