Learning & events

Latent conditions and the experienced contractor test

Date TBA | Jackson McDonald

Tuesday, 12 February

5.30 pm Welcome & Refreshments
6.00 pm Commencement
7.00 pm Close

Latent condition clauses in construction contracts reallocate the risk for latent conditions from the contractor to the principal by a test which assesses conditions actually encountered against a standard of what could reasonably have been foreseen by an experienced contractor at the time of tender. Gordon discusses this test by reference to case examples, and suggests a number of general principles derived from the cases

About the presenter

Gordon Smith
FCIArb, CArb, SIArb, AIAMA, FIEAust, CPEng (Ret)

Gordon is a barrister & solicitor, arbitrator, adjudicator, and mediator. He was a partner in the arbitration and construction law practices in international law firms in Singapore and Hong Kong until 2012. Prior to becoming a lawyer, Gordon practiced for 12 years as a consultant civil/structural engineer and project manager in Australia and New Zealand.

Gordon is an experienced international arbitrator, and is regularly appointed on major infrastructure, oil and gas, construction, and investor-state arbitrations. He is listed on the SIAC, HKIAC, LCIA, AIAC, CIArb, and NZIAC arbitrator panels, and is an RI Grade 1 arbitrator. He is also a member of the CIArb Teaching Faculty, and is a CIArb Chartered Arbitrator.

Resolution Institute expresses appreciation to Jackson McDonald for their support of this event.