Hosted by Ben and Glenn, The NEC4 Brief is a monthly podcast that unpacks the ins and outs of the NEC4 contract, one clause, one issue, one real world example at a time. Each episode takes a practical look at how the contract actually works on site, not just on paper. From compensation events and early warnings to risk allocation and programme management, Ben and Glenn translate legal jargon into everyday lessons for contractors, project managers and quantity surveyors. It’s straight talking ...
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Nec4 Podcasts
Building Tomorrow is a show exploring the biggest issues in the Australian construction landscape by having real conversations with the people behind the scenes shaping the industry.
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From Notification to Quotation: Making NEC4 Compensation Events Work
1:05:18
1:05:18
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1:05:18We unpack how to notify NEC4 compensation events properly, when the PM or contractor must act, and how to use project manager assumptions to price uncertainty without padding. Clear steps, examples, and pitfalls help you move from awareness to implementation without losing entitlement. • defining compensation events and where to find them in NEC4 •…
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Does the culture of the construction industry need to change?
41:29
41:29
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41:29Kevin Porter is an Anthropologist and Culture Change Consultant who has extensively studied the Australian construction industry. Kevin has spent his career studying human behaviour and providing leaders with the information they need to make choices, grow their businesses, and improve workplace culture. In this episode, Kevin explains the concept …
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Why dispute resolution is becoming more complex
33:36
33:36
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33:36Dado Hrustanpasic is a Partner at Holding Redlich and an Honorary Senior Fellow at the University of Melbourne Law School, where he lectures in construction dispute resolution. Dado has over a decade of experience in major projects and infrastructure disputes and is dual-qualified in law and civil engineering. In this episode, Dado explains the evo…
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Conference collection: Michael Bleby, Harris Ashton, and Mia Timpano
27:40
27:40
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27:40Earlier this year at the annual Society of Construction Law Australia conference in Brisbane, we caught up with panellists and moderators from around Australia to discuss the biggest issues in the industry today. Mia Timpano is a former journalist and final-year law student who describes herself as a “construction law enthusiast”. Harris Ashton is …
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NEC4: A Positive Approach to Early Warnings!
1:01:43
1:01:43
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1:01:43We dig into the purpose and practice of NEC early warnings and show how to turn them from admin into a real project tool. Clear notifications, a live register, the right people in the room, and meetings that produce actions, not arguments. • why early warnings are a positive project tool • what to notify and when under Clause 15 • separating early …
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2024 Stynes Address – Gabrielle Trainor AO
37:14
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37:14The Stynes Address is the Society of Construction Law Australia’s annual high-profile lecture related to the practice of law and the construction industry. In 2024 the Stynes Address was given by Gabrielle Trainor AO. Gabrielle Trainor has had a diverse career across the construction industry, but one of her most important roles has been as chair o…
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2023 Stynes Address – Justice Katie Stynes
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32:53The Stynes Address is the Society of Construction Law Australia’s annual high-profile lecture related to the practice of law and the construction industry. This is the inaugural address given in 2023 by SoCLA’s patron, Justice Katie Stynes, after whom the address has been named. In 2023 Justice Stynes talked to us about the procedural reforms she i…
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A Case Study: Superintendent's Duties, Delay Methodologies, Acceleration and more
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41:08
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41:08Based on the V601 v Probuild case decided in the Victorian Supreme Court in December 2021, Ben McLeod presented this talk in Melbourne in February 2023. Ben was part of the team who acted successfully for Probuild in this matter and outlines a range of complex issues, including how Principals and Superintendents should ensure that a contractor’s cl…
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Complexity Theory - How It Can Help Us Think About Risk In Construction
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30:26Stepping back from a process to see the complex interactions happening between all of the parties can lead to insights that could prevent potentially catastrophic consequences. The failure of a pedestrian bridge at Florida International University led to 6 fatalities. In this talk, Sean explore the failures in the design, peer review and constructi…
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Is NEC4 the Answer to Australia’s Broken Standard form ?
28:31
28:31
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28:31Is the Australian industry’s Standard Form broken? If so, why and can it be fixed? The training and learning involved to build confidence in a new industry contract should be considered when making changes. Scott Alden presents his talk “When opportunity knocks: Is NEC4 the Answer to Australia’s Broken Standard form ?” This talk was voted by attend…
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Collaborative Contracting - where are we now, and why ?
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21:21The past, present and future of collaborative contracting models. One of the audience-selected highlights of our national conference “Getting Risk Right”, held in Hobart, Tasmania in May 2022. Sean Kelly and Yazmin Judd focus on the results of an anonymous industry survey which was completed by public and private sector employees, lawyers, engineer…
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The role of the Legal System in Failures - The UK Post Office Scandal (Part 3)
29:42
29:42
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29:42An exercise in highly paid lawyers dancing on the head of a pin. We deep dive into the roles the law, the lawyers and the courts played in this scandal. This wasn’t a case of a few bad apples, the whole system was stacked against the Subpostmasters. The system silenced, suppressed and hid information and nothing like justice was achieved. At some p…
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Learning from IT Failures: Horizon, Bugs, and Chinooks - The UK Post Office Scandal (Part 2)
30:13
30:13
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30:13In the opening I introduced that the Horizon software was the main deliverable of a billion pound PFI project let by the Post Office. The contract was awarded in May 1996 to Fujitsu who won the job because of their winning offer to bear the software development costs in exchange for 8 years guaranteed transaction fee every time a customer of the De…
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The Witch Trial of our Times - UK Post Office Scandal (Part 1)
29:54
29:54
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29:54The UK Post Office Scandal – Megaprojects, IT Systems and the Law This story is about the most widespread miscarriage of justice in English history. The scale of this story exceeds the witch trials of the 16th and 17th century. This story is relevant to every construction lawyer in Australia because it is a story rooted in how we deliver major proj…
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Tackling Human Rights Risks in the Australian Construction Sector. 2022 Conference Keynote by Dr. Natalie Galea
38:10
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38:10Valuable insights into the health and wellbeing of those working in the Australian construction industry and what legal practitioners can do to improve the status quo. Dr. Natalie Galea presents the keynote for our 2022 national conference “ Getting Risk Right”, held in Hobart, Tasmania in May 2022. Fully titled “I would like to see my son more tha…
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For those who missed it, this podcast is a recording of our recent webinar featuring Kiri Parr, Tony Barry and Rob Nelson-Williams. In it, they discuss the internationally renowned and widely used FIDIC suite of Contracts and their potential for wider adoption in Australia. This podcast is for reference purposes only. It does not constitute legal a…
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Has the construction industry finally got a burning platform for change?
31:48
31:48
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31:48Jon Davies, CEO of the Australian Constructors Association, discusses the significant challenges facing the construction industry and ACA's plan to help fix them. --- This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your specific circu…
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Lucy Greenwood, international arbitrator, diversity champion and green arbitration advocate shares her insights on the impact of arbitration on the environment and how we can drive sustainable change. In this episode, Melissa Yeo, Chair of the Society's Communications Sub-committee, sits down with Lucy Greenwood to discuss arbitration, its impact o…
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Stage management and other things you didn't know you needed to think about.
28:18
28:18
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28:18This episode is Part 2 of Melissa Yeo's discussion with Petrina Macpherson and Matthew Hickey on eHearings and eMediations and why they have given us all #onemorethingtothinkabout This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your s…
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Remember to wear pants – and other useful tips for navigating online hearings
30:52
30:52
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30:52In this podcast, Melissa Yeo sits down with Petrina Macpherson of Minter Ellison and Matthew Hickey of Level Twenty Seven Chambers to discuss eHearings and eMediations and why they have given us all #onemorethingtothinkabout This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You s…
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In this podcast, Aiden Davey, Dr Matthew Bell and Kiri Parr sit down with Melissa Yeo to discuss the new duty of care introduced in the NSW Design and Building Practitioners Act 2020 and the significant consequences it might have on the construction industry. This podcast is for reference purposes only. It does not constitute legal advice and shoul…
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They say if you fail to plan, you plan to fail. In the current landscape that means putting your valuable data in the hands of criminals. In this podcast, Brendan Read and Vishka Peiris of Korda Mentha discuss Cyber Hygiene during Covid-19. Brendan is a former detective from the Queensland Police High Tech Crime Investigation Unit. He is highly exp…
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Gold Digger: What Are Your State Security Of Payment Recourses
56:40
56:40
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56:40A practical summary of what was, is and might be when it comes to securing payment for construction projects of all sizes and at all stages of development in the era of COVID-19. Presented in the SoCLA webinar by Matthew Hickey and Bianca Kabel of Level Twenty Seven Chambers in Brisbane, Australia. This podcast is for reference purposes only. It do…
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DRBs: Cheap insurance for real time dispute resolution
42:22
42:22
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42:22Stephen Callaghan of Stephen Callaghan Consulting Pty Ltd sits down with Melissa Yeo to discuss Dispute Resolution Boards, how they work, what parties can expect and why they are likely to become more popular in the future. The Society is working hard to bring you regular podcasts so be sure to subscribe to the SCL Australia Podcast to be alerted w…
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Let the Tears Be Not Yours: the Case for Diversity, Collaboration and Active Risk Management on Construction Projects
38:51
38:51
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38:51Insights into construction contracts, risk management and how to deliver a successful project. Kevin Pascoe, engineer and the Principal Project Manager, APAC Building and Infrastructure for Jacobs sits down with Melissa Yeo, Chair of SoCLA's Communications Sub-Committee. Kevin's career spans 25 years and includes projects in Australia and around th…
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It All Changed On-Site. Or Did it…? Michael Trim and Claire Schneider Discuss Informal Contract Variations and the Efficacy of Entire Agreement Clauses.
46:54
46:54
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46:54If you have ever wondered whether your construction Contract can be varied by what happens on site, or how contractor claims are treated and whether your entire agreement clause is effective; this episode is for you. Michael Trim and Claire Schneider of Level Twenty Seven Chambers share their insights on these questions as well as recent developmen…
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Lessons from Success and Failure in Major Construction Projects
53:23
53:23
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53:23On Melbourne Cup Day in November 2017, the Society was fortunate to have Adrian Hughes QC of 39 Essex Chambers in London, attend to share lessons from success and failure in major construction projects including the New Berlin Airport, the Scottish Parliament and Wembley Stadium. The breakfast event, kindly hosted by Corrs Chambers Westgarth, drew …
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In October 2017, the Society was fortunate to have Philip Britton, visiting professor of King’s College in London and Senior fellow of Melbourne Law School attend at SoCLA events around Australia to present his paper, Trouble with the Neighbours: Construction, Disruption and Damages. The events, which were kindly hosted by a variety of generous spo…
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Episode 16 - So You Think You're Rational?
56:26
56:26
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56:26Have people ever seemed to act inconsistently to you? Why do you think people are incredibly open and flexible one day, but very focused and structured the next? Why do you think some people are infuriated by things that seem insignificant to you? This episode podcast explores two key systems in our brain: (un)creatively named System I and System I…
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Episode 15 – Grenfell Tower and Construction Regulation
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22:27
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22:27On 14 June 2017, a shocked world watched a tragedy unfold in the west of London. When the smoke cleared from the fire at the Grenfell Tower, 71 people were found to have perished. Whilst the specific causes of the fire are still being investigated, there is no doubt that the recent installation of polyethylene-core façade cladding was a major contr…
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Episode 14 – Don’t Let Them Take You Alive!
58:26
58:26
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58:26Sean Brady, SCL Australia Director, interviews Kiri Parr, Arup Principal and Legal Counsel, on how we need to disrupt the construction industry. Have clients given too much power to their lawyers? Where are we as a construction industry? Where are we headed? What are the impacts of mega projects on the everyday working lives of our people, and what…
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Episode 13 - Private Certification and Defective Building Materials
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21:21At the recent SCL National Conference, Director Ian Bailey AM SC discussed the topical issue of private certification and defective building materials with Alisa Taylor, Partner at Meyer Vandenberg Lawyers in Canberra. Ian and Alisa discuss the need to get a unified approach across Australia to address the issues encountered by the industry in buil…
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Episode 12 - Construction Project Failures: Will We Ever Learn?
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21:21
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21:21When an aircraft crashes, or there is a near-miss, the airline industry rushes to learn the lessons so as to keep planes flying safely across our skies. Why doesn’t the construction industry take the same approach to project failures? In this podcast, Jaclyn Smith is joined by her fellow SoCLA directors, Dr Sean Brady (Brady Heywood), Matthew Bell …
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Episode 11 - Construction Law: Fostering Harmony or Collisions?
27:12
27:12
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27:12Laws are supposed to keep things in order. How, then, do they get so complex that they cause headaches - or worse - for the construction industry? In this podcast, Jaclyn Smith is joined by her fellow SCL Australia directors, Matthew Bell (Melbourne Law School), Dr Sean Brady (Brady Heywood) and Laina Chan (3 Wentworth Chambers). They focus on cons…
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Episode 10 - In Conversation with Kara Vague
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20:30Kara Vague is the current Chair of the Society of Construction Law Australia, having had an extensive involvement spanning a number of Committees over the last few years. In this interview, Director Jaclyn Smith (@jaclynlindsay) asks Kara to reflect on her career and time with the Society, and share some of the current and upcoming activities. For …
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Episode 9 - Technology Assisted Review & Construction Disputes
16:41
16:41
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16:41Jaclyn Smith, Director of SCL Australia, interviews Andrew Stephenson (Partner at Corrs Chambers Westgarth) and Craig Macaulay (Executive Director at KordaMentha Forensic) on updates to predictive coding and technology assisted review, and what this means for construction disputes. This podcast is for reference purposes only. It does not constitute…
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Melissa Yeo, Director of SCL Australia, interviews Wendy MacLaughlin, Senior Vice President of HKA Global, about her journey to becoming an internationally sought after construction programming expert, her advice for people working in the construction disputes space and the key features of the new SCL Delay and Disruption Protocol. This podcast is …
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Episode 7 - Proportionate Liability and The Allocation of Risk
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44:22Raisa Conchin and Elizabeth Conlan discuss how to manage the pre-allocation of risk in the era of proportionate liability. Raisa Conchin is a Partner of Wotton + Kearney and Elizabeth Conlan is a Senior Associate of Wotton + Kearney. Kindly sponsored by Baker McKenzie, this SCL event was held on 8 March 2017 in Brisbane. This podcast is for referen…
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Episode 6 - Learn the Rules, Get in the Game
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43:07In this episode Melissa Yeo sits down with Teagan Dowler, the author of the newly released book Rules of the Game - Women in the Masculine Industries. Teagan is also the founder of the Blue Collared Woman, a community that supports the development of initiatives to achieve greater diversity and inclusion within the engineering, resource and constru…
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Episode 5 - The New AS11000: Interview with Ian Bailey SC
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9:00In this episode , we hear from two Directors of the Society of Construction Law Australia. Marianne Rose, Commercial Manager (Mouchel) interview Professor Ian Bailey SC (Wentworth Chambers) to gain insight into some of the key features of the new AS 11000. Representatives from the Society of Construction Law joined with other leading construction i…
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Episode 4 - Alex Hartmann: Diversion of Strip Out Waste
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28:52In this episode of our podcast series, we meet Alex Hartmann, Partner at Baker & McKenzie, who presented at the recent Society of Construction Law Australia National Conference. The Conference brought together lawyers and construction industry professionals to discuss ‘Building Australia’s Future.’ Alex presented on what happens to office waste whe…
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Episode 3 - Kiri Parr: Building The Better Pitch
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24:04In this episode of our podcast series, we meet Kiri Parr, Regional Legal Counsel, Arup, who presented at the recent Society of Construction Law Australia National Conference. The Conference brought together lawyers and construction industry professionals to discuss ‘Building Australia’s Future.’ Kiri speaks on the significant challenges of deliveri…
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Episode 2 - Ashley Brinson: Innovation of Opportunities
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25:25In this episode, we meet Ashley Brinson, Executive Director of the Warren Centre. Ashley delivered the keynote address at the recent Society of Construction Law Australia National Conference. The Conference brought together lawyers and construction industry professionals to discuss ‘Building Australia’s Future.’ Ashley speaks on the innovation of o…
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Episode 1 - Introduction to the SCL Australia Podcast
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2:04In this introductory episode, we introduce you to the Society of Construction Law Australia podcast. The Society provides a forum for industry participants and thought leaders to connect and together initiate positive change in the construction industry for the benefit of the construction industry and public as a whole by influencing changes to leg…
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