3rd Annual Construction Claims & Dispute Management India Summit 21.02.24
3rd Annual Construction Claims & Dispute Management India Summit 21.02.24
THOUGHT LEADERS
Ajit Shenoy,        Ashwini          Chitra Rentala, Deepak                 Dr. Sandeep        Er. Jaysingh      Kunal Saha,       Manjay Singh,    Nitin Jain,       Nishant
Senior              Sankpal,         Partner,           Suvarna,            Mehta,             Ashar,            Sr GM and         Sr. VP Project   Head of           Agarwal,
General             President -      Trilegal           Senior              Vice               VP and            Corporate         Management       Contracts and CGM -
Manager-            Legal,                              Executive           President-         Head-             Head-             and              Procurement, Contracts,
Procurement         Hiranandani                         Vice                EPC                Legal and         Subcontract       coordination,    Adani Group       HG infra
& Sub-              Communities                         President,          (Procurement Arbitration,            &                 New                                Engineering
Contracts,                                              Piramal             & Contracts),      Gammon            Commercial,       Consolidated                       Ltd.
Hindustan                                               Realty              Paradigm           India Ltd.        ITD               Construction
Construction                                                                Realty                               Cementation Co. Ltd.
Co. Ltd.                                                                                                         India Ltd.
           Payal Chawla Raman Iyer,             Ravi Sankar        Rohan             Rohan Y            Sanjay            Sandeep            Sudhakar         Unmesh
           Founder,          Cluster Head- Jonnalagadda, Dadlani,                    Mhatre,            Muttepawar,       Sant,              Anantha-         Kulkarni,
           JUS-              Projects           President          Head of           Sr. AGM -          Director          Senior Vice        Krishnan,        Vice
           CONTRACTUS (Thane),                  and Gr. Head       Legal,            Projects,          Project,          President          AVP & Head-      President-
           Director,         Runwal             Procurement        Isprava           Prestige           Vascon            Projects           Design and       Contracts
           Nani              Developers         & Contracts,                         Estates            Engineers         (Adani             Engineering,     Administration,
           Palkhivala        Pvt. Ltd.          GMR Group                            Projects Ltd.      Ltd.              Airport Real       Welspun          Shapoorji
           Arbitration                                                                                                    Estate),           Enterprises      Pallonji And
           Centre                                                                                                         Adani Airport      Ltd.             Company
                                                                                                                          Holdings Ltd.                       Pvt. Ltd.
                                                              www.constructionclaimandispute.com
OUR PARTNERS
GOLD PARTNERS
SILVER PARTNER
CONCEPTUALIZED BY
               www.constructionclaimandispute.com
OVERVIEW:
India is set to become the third largest construction market in the world by 2025 with a size of $1 trillion, due to ramped up activity in the roads, buildings, irrigation, urban
infrastructure and railways.
Similarly, the construction industry in India is feeble and suffering through failure of resolution of disputes expeditiously and effectively by the parties. The recovery of
the construction industry is critical for maintaining the current rate of growth and economic activity. The average duration for settlement of disputes is more than 7 years
in India.
The total amount of investment that is currently tied up in disputes is approximately INR 75,000 crores. The major issue is pendency of construction disputes, which is
about 68% of the total claims against government entities and public-sector units are pending in arbitration and 13% are pending with the government entities.
Followed by the huge success of our last edition, the 3rd Annual Construction Claims & Dispute Management Summit 2024 captures the need to recognize the significance
of understanding legal and contractual framework applicable in India and how the dispute resolution mechanism will work whenever a claim or dispute is to be settled.
Domestic & international trends discussed by stakeholders like employers, contract managers, consultants and legal working with various contract models.
The focus of the summit is to build an approach towards minimizing the impact, intensity and occurrence of claims and implementing techniques and best practices for
effective dispute resolution.
KEY TOPICS:
                                                              02                                               04
                                                                                                        Preventing disputes
                                                      Types of disputes &                              and conflicts through
                                                            issues                                     collaborative project
                                                          on projects                                      management
                                                                                                            approaches
                                     01                                              03                                                05
                                                                                                                               Addressing challenges
                            Sharing perspectives                          Recording and supporting                            in multi-party and multi-
                                on the evolving                            extension of time (EOT) -                            contract arbitrations,
                             landscape of claims                          submission, assessment,                             both internationally and
                               management in                                and resolution of EOT                              domestically within the
                            construction litigation                                                                           context of construction
                                                                                                                                      disputes
Sponsoring or exhibiting at 3rd Annual Construction Claims & Dispute Management Summit 2024 is an excellent
way to reach a highly targeted group of key decision makers from Real Estate Regulatory, Compliance &
Liasoning and Infrastructure managements from Public and Private sector.
                                                                                               POSITION YOUR
                                                                                               COMPANY’S BRAND:
New Sales Leads:
                                                                                               Showcasing your company
Only the most senior-level                                                                     at leading industry events
decision makers attend our                                                                     establishes your company,
conferences, connect with                                                                      in the eyes of your prospect
them in a pressure free,                                                                       or existing client.
collaborative      environment
by showcasing your services
either by exhibiting or taking
part in the programme
                                      BROKERING NEW BUSINESS PARTNERSHIPS:
As conference experts, we know how best to utilise events to promote, develop and generate business for our
clients. To find out more about how you can make the most of your participation at this event,
Contact: Vaidehi Kshetrapal, Business Manager, Phone: +91 92 0980 9362 I 020 6648 7532,
Email: [email protected]
Day One | Wednesday | 27th March 2024
08:00     Registration & coffee                                                     12:30      ignificance of proficient compliance management - responsibilities
                                                                                              S
                                                                                              of the involved parties
08:45     Welcome address by Inventicon Business Intelligence
                                                                                              • Handling of the parties’ obligations regarding compliance
09:00     Opening remarks by the chairperson                                                  • Resolving problems resulting from contractual and client obligations
                                                                                              • Proactive addressing of multiple regulatory requirements and
09:10 	Keynote session: Sharing perspectives on the evolving landscape of                       regimes
        claims management in construction litigation
                                                                                    13:00     Luncheon
          • The changing dynamics in construction claims
          • Current trends shaping the landscape of construction litigation        14:00     Panel discussion: Types of disputes & issues on projects
          • Alternative dispute resolution: The increasing significance in
             construction litigation                                                          • Disputes involving delay, disruption, defects, and variations
                                                                                              • Remedies and processes under contracts such as suspension and
09:40     L iability issues during the life of the project and the evolution of                 termination
           disputes                                                                           • Issues arising under contracts associated with the bringing of a
                                                                                                 claim, such as notices and early warning processes
          • Understanding responsibilities in project contracts                              • How the mechanics work out in construction disputes
          • Early conflict detection in effective dispute resolution strategies              • Contractual issues associated with disputes, such as design
          • Implementing effective mitigation strategies to manage risk                         responsibility and ground conditions
                                                                                              • Assessment and limitation of damages
          Senior Representative,
          Archeus Law                                                                         Panelist:
                                                                                              Senior Representative
10:10 	Technology integration in claims management                                          Archeus Law
          • Utilizing advanced software and tools for efficient claims                       Dr. Sandeep Mehta, Vice President - EPC (Procurement & Contracts),
             documentation                                                                    Paradigm Realty
          • Automation and data analytics in streamlining claims processes
          • Platforms for real-time information sharing and dispute resolution               Sandeep Sant, Senior Vice President Projects (Adani Airport Real 		
                                                                                              Estate), Adani Airport Holdings Ltd.
10:40     Coffee break & networking
                                                                                    14:50     Contract risk allocation & the use of standard contracts and clauses
11:10      anel discussion: Recording and supporting extension of time (EOT)
          P
          - submission, assessment, and resolution of EOT                                     • Influencing factors which leads to the possibilities of risk formation
                                                                                              • Dynamic approaches for effective risk mitigation in agile contract
          • Assessment and morality of evaluating EOT                                           reviews
          • Efficiency of EOT in simplifying submission and resolving issues for             • Developing a qualitative and quantitative approach towards risk
             prompt project extensions                                                           assessment
          • Equitable and neutral contract document to improve negotiation
                                                                                              Unmesh Kulkarni, Vice President - Contracts Administration, 		
          Panelist:                                                                           Shapoorji Pallonji And Company Pvt. Ltd.
          Ravi Sankar Jonnalagadda, President and Gr. Head Procurement &
          Contracts, GMR Group                                                      15:20     Coffee break & networking
          Nishant Agarwal, CGM - Contracts,                                         15:50 	Closing the divide among contractors and subcontractors
          HG infra Engineering Ltd.
                                                                                              • Productive delegation and direction of workflow in sub-contracting
          Unmesh Kulkarni, Vice President - Contracts Administration, 		                      • Rectification of payment delays of subcontractors
          Shapoorji Pallonji And Company Pvt. Ltd.
                                                                                    16:20     Round Table:
12:00 	Addressing challenges in multi-party and multi-contract arbitrations,
        both internationally and domestically within the context of                 	Participants are free to join which ever theme (Table) of their choice
        construction disputes                                                         and discuss the current trends and strategies to be used and
                                                                                      implemented. Each participant shares his/her views and insights on
          • Managing various international and domestic jurisdictions in multi-      the topic with other delegates on the table. Post discussion one of
             party arbitrations presents legal difficulties                           the participants concludes by sharing the points discussed by their
          • Handling multi-contract issues in construction arbitrations              respective table with the entire audience.
             techniques for complicated contract interaction
          • Promoting settlement overcoming obstacles with open lines of                     Table A: Formation of claims – Identification | Resolution
             communication in multi-party arbitrations
                                                                                              Table B: Judicial arbitrator versus technical arbitrator
          Payal Chawla, Founder, JUSCONTRACTUS,
          Director, Nani Palkhivala Arbitration Centre                              16:50     Group photo & end of day one
Day Two | Thursday | 28th March 2024
          • Using collaborative communication to promote transparency in              12:30 	Building capabilities to assess liquidated and ascertained damages
             project conflict prevention                                                       as well as penalties in construction contracts
          • Identifying early warning signs and proactive monitoring and
             surveillance techniques                                                             • Understanding important elements in assessing the liquidated
          • Harmonized objectives: minimizing disputes through stakeholder                         damages
             alignment in collaborative project management                                       • Appreciating jurisdictional differences in treatment
                                                                                                 • Capping liquidated damages and limiting liability
10:00      ummary of how FIDIC contracts relate to claims and disputes in the
          S
          context of Indian construction industry                                                Ravi Sankar Jonnalagadda, President and Gr. Head Procurement &
                                                                                                 Contracts, GMR Group
          • Merits of FIDIC contracts, rightful selection and implementation
          • Distinct forms of FIDIC contracts and its application to the Indian       13:00     Luncheon
             construction industry
          • Understanding the Key concepts and strategies for drafting                14:00      anel discussion: How to get the best out of mediation in
                                                                                                 P
             balanced contracts as per FIDIC conditions                                          construction disputes
          Raman Iyer, Cluster Head - Projects(Thane),                                            • Developing capacities for analysing claim severity and frequency of
          Runwal Developers Pvt. Ltd.                                                               occurrence for each claim type and cause
                                                                                                 • Assessing sentiments regarding claims issues and obtaining
10:30 	Panel Discussion: Benefits of alternative dispute resolution (ADR) in                       recommendations for minimizing claims
        comparison to legal proceedings                                                          • Proactively determining the different claim types and causes that
                                                                                                    can occur in projects
          • What are the perceived potential advantages of arbitrations over
             legal court proceedings?                                                  15:00     Growing significance of ESG in the construction industry
          • Possible results with respect to factors involved like time, cost and
             transparency                                                                        • Embracing eco-friendly construction materials to meet the growing
          • Exploring the practical aspects for amicable settlement                                ESG demands in the industry
                                                                                                 • Examining the role of construction projects in community well-being
          Moderator:                                                                                as part of the ESG framework
          Chitra Rentala, Partner,                                                               • ESG integration in construction: aligning with responsible business
          Trilegal                                                                                  practices
                                                         www.constructionclaimandispute.com
SPEAKER PROFILES
                       Ajit Shenoy, Senior General Manager-            civil engineering projects for a reputed companies in UAE/ India.
                       Procurement & Sub-Contracts,                    Leading multimillion fast track Civil Engineering projects from
                       Hindustan Construction Co. Ltd.                 inception to completion in multi-storied Residential / Commercial
                                                                       Buildings / Airport terminal / Hotels & Villas for reputed clients.
                        An Ex- Indian Naval (Armed Forces)             Proven success benchmarking pace-setting results across key
                        Officer, with varied experience of 26          performance metrics, excellent knowledge of Contract Conditions,
                        years. His key areas of expertise are          Health and Safety Regulations.
supply chain management (procurement, vendor development,
inventory control and logistics), International Purchasing (rotating                          Dr. Sandeep Mehta, Vice President -
equipment, package units, static equipment, pipes fittings & valves,                          EPC (Procurement & Contracts),
other allied process units, construction equipment’s, construction                            Paradigm Realty
Material), International Projects, Implementation of Purchase and
stores module—ERP, working in SAP environment, purchasing of                                   Dr. Sandeep Mehta is Senior Supply Chain
all material & services required for LSTK EPC contracts for Oil &                              Professional with more than 32 years of
Gas Projects, chemical industry projects and civil infrastructure                              experience in the automotive and real
projects. Total documentation, implementation, and certification       estate industry. Currently he is working as Vice President - EPC
for ISO 9002. Project Management, boiler manufacturing and             ( Procurement & Contracts) with PARADIGM REALTY Group.
erection, fabrication (ferrous/nonferrous), marketing of Industrial    Prior to this, he was Head of Contracts & Procurement with
Products. His specialization is in materials management,               Shree Naman Developers and Vice President - Procurement with
marketing management, project management, planning & general           Lodha Group. Post his engineering education completion, he
Management. He has a keen interest in teaching management              started his corporate career with Automotive Industry -Mahindra
students and a visiting faculty for Management Institutes -            & Mahindra and subsequently with Renault Nissan. He has a
Mumbai University.                                                     significant experience in areas of Project management, Material
                                                                       management, Strategic sourcing, Supplier development, Category
                       Chitra Rentala, Partner,                        management, Procurement & logistics operations, Capex
                       Trilegal                                        management, Process re-engineering and Process improvements.
                                                                       He has also completed various professional certifications for
                       Chitra is a Partner at Trilegal and focuses     procurement like Certified Global Negotiation Executive (CGNE™)
                       on complex commercial litigation,               from the Centre for Purchasing and Supply Chain Excellence,
                       insolvency, white-collar criminal defense       Certified Purchasing & Supply Chain Manager (CPSCM ™), from
                       and investigation and arbitration. She has      University of Houston, USA., Certified Professional in Supply Chain
a wide range of experience and regularly advises and represents        Management (CPSM), from Institute of Supply Management,
Indian and multinational corporations before various courts and        USA & Modular Learning System in Supply Chain Management
tribunals in India. Notably, she has advised and successfully          (MLS‐SCM™), from ITC, Geneva, Joint agency of the World Trade
represented a successful resolution applicant in the first ever        Organization (WTO) and the United Nations (UN). He has been
corporate insolvency resolution process of a non-banking               also accredited by the American Institute - IPSCMI “International
financial company. She also regularly advises and represents           Purchasing & Supply Chain Management Institute” for 3 Courses.
Indian and multinational corporations and HNIs before Central          1) Certified International Supply Chain Professional(CISCP) 2)
and State investigative authorities, including Central Bureau of       Certified International Supply Chain Manager(CISCM) 3) Certified
Investigation, Enforcement Directorate, Economic Offences Wing         International Commercial Contracts Manager (CICCM). He has
and State Police, in sensitive investigations. In addition to this,    spoken at various forums on procurement, process approach to
she regularly conducts anti-bribery and anti-corruption training       procurement, procurement challenges and procurement best
workshops for Indian and multinational corporations.                   practices. He demonstrates proven ability to lead cross functional
                                                                       teams, deliver breakthrough levels of improvement in process
                       Deepak Suvarna, Senior Executive Vice           capability, re-engineer business process to reduce cost, increase
                       President, Piramal Realty                       productivity and attain world class Procurement and customer
                                                                       delight.
                       A talented, results-driven Senior Civil
                       Engineering Management Professional
                       with over 30 years of experience in project                www.constructionclaimandispute.com
                       planning, management , execution &
delivering of engineering solutions for multi-million dollar major
SPEAKER PROFILES
                         Raman comes with over 27 years of                                   Civil engineering professional with over
                         experience in Real estate development                               17 years of rich experience in Engineering
                         management, PERE Funds, Investment &                                Management, Planning, Execution of
                         Asset management who has diversified                                High-rise projects, mass housing, Mixed
experience in managing prestigious mega construction projects         used and commercial project. Provides support for construction
within schedule & budget with improving profitability of assigned     Project Management, scheduling, execution methods, resource
projects by establishing effective project delivery processes         planning, cost, and time effective solutions to projects and, also,
& by realigning team focus. His diverse experience covers             constructability support for engineering design & cost plan.
delivering projects in almost all industry sectors like Mixed Used    Completed Executive Post graduation in Management (NICMAR),
Developments, Commercial, High-End Retails, Residential &             BTech in Civil Engineering and Diploma in Civil. Now associated
Industrial. He also has wide exposure to the international best       with Prestige group renowned developers handling the Highrise
practices in the construction industry and has attained industry      commercial work. I have started my career with B. E. Billimoria
knowledge & experience in delivering multiple full life cycle green   & co. LTD contracting organization for south Mumbai Highrise
field large scale developments. With his exposure of having worked    projects mainly Planet Godrej, Namaste Tower, Madhusudan Mill,
in a multiple stakeholder delivery environment & requirements,        Ashford towers and lead the RMC division for the organization for
he brings in the required insight on the various growth sector,       south Mumbai projects. Lodha group companies mass housing
technology, investments, and different delivery models. He has        project. In Piramal realty worked for Operations, Design co-
proven skills in managing construction activities including value     ordination, Pre and post tendering process, Cost plan & budgeting
engineering, time schedule management and coordination for            work.
site activities within schedule; effectively designing the Projects
Control System suitably scaled to the specific complexity of                                 Sandeep Sant, Senior Vice President
the projects. He is an expert in making strategic decisions and                              Projects (Adani Airport Real Estate),
providing leadership and direction to project team towards                                   Adani Airport Holdings Ltd.
successful project completion.
                                                                                              Sandeep Sant is a 32 Years experienced Real
                       Ravi Sankar Jonnalagadda, Executive                                    Estate Construction professional. Currently
                       Vice President and Head – Commercial &                                 he is working as Sr Vice President at Adani
                       Contracts, GMR Group                           Airport’s Real Estate business and heading Projects of all City Side
                                                                      Development across all Adani’s Airport Business. Prior to Adani
                       Ravi Jonnalagadda is ‘Group Chief              Group, he was Chief of Central Projects Office at Oberoi Realty,
                       Procurement Officer’ (GCPO) for GMR            Head of PMO at L&T Realty, Chief Executive Officer at Fabtech
                       Group managing Procurement, Contracts          International. He also worked long time with L&T Construction,
and Claims for various businesses in GMR group including              Shapoorji Pallonji. He also has experience of working in Middle
Airports, Energy and Infrastructure verticals. Ravi is based out      East and Africa extensively. He is passionate and bullish on Indian
of the Corporate office in Delhi. Ravi earlier worked with a state    Real Estate business. Currently he is looking forward for great
government PSU in erstwhile combined Andhra Pradesh State             developments of Commercial, Retail, Entertainment, Convention
and then worked for reputed infrastructure companies in India as      Centers etc., by Adani Airport’s City Side across India.
SBU head and also worked overseas. Ravi has 35+ years of hands
on experience, having worked in India, Australia and Dubai. Ravi is
a Civil Engineer with MBA, LLB, M. Phil and PGADR apart from LDP
from IIM/ Bangalore. He is Chartered Civil Engineer from Engineers
Australia and is RPEQ. Ravi is pursuing his Doctorate in HRM.
                                                                                 www.constructionclaimandispute.com
Ravi has strong exposure to Global Procurement, Supply Chain
Management, Construction project management, Commercial
Management, Contracts management and Claims management.
Ravi Jonnalagadda is regular participant in half marathons in and
around Delhi and is a recognised Chess player.
PARTNER PROFILES
                        Archeus Law is a boutique law firm, with primary offices in Delhi and Bengaluru,
       GOLD PARTNER     specializing in infrastructure, energy and construction laws. Our services cover, among
                        others, power projects (thermal and renewable), highways, bridges, smart cities, metro
                        railways, integrated infrastructure complexes, and mining.
                        Archeus and its key individuals have a proven track record of successfully representing
                        the sector’s major entities in critical domestic and international disputes, across diverse
                        legal systems and jurisdictions. We also provide bespoke front-end Project Advisory
                        services to key stakeholders in India, and in the MENA region, by supporting legal and
                        contract management teams at every step of a contract’s life-cycle. These include
                        rendering services during the pre-contract / pre-bid stage, by rendering comprehensive
                        Contract Management advisory during the execution stage, and providing innovative
                        ‘pre-dispute’ strategies, which effectively avoid disputes, or, strengthen the client’s case/
                        claim.
                        This holistic blend of disputes expertise and project advisory services, allows us to
                        provide solutions that are not merely academic, but also practical for the client,
                        inclusive of a project’s complexities, and informed by the sector’s unique dynamics. To
                        this end, the firm is proud of the recognition that it, and its key individuals, have received
                        at the highest levels for their representation, advocacy and advisory work.
www.archeuslaw.com
                        Trilegal was founded in the year 2000 and has grown rapidly to become one of India’s
       SILVER PARTNER   leading law firms. We are a toptier full-service law firm with over 950 lawyers who are
                        led by 116 partners. Our partners and lawyers are equipped with the right combination of
                        local insight and expertise and ensure that we deliver cost - effective, deal oriented and
                        high-quality legal advice.
                        Our core strengths are the commitment and client centric approach of our lawyers. We
                        pride ourselves for dealing with complexity, thinking out of the box and coming up with
                        innovative solutions for our clients. Our approach to work involves a deeply analytical
                        understanding of Indian law and experience of the market, which allows us to effectively
                        calibrate/assess legal risk and provide practical advice.
                        The firm and its lawyers have been consistently ranked and recognised by leading legal
                        publications across each of our practice areas. Trilegal has been recognised as the India
                        Deal Firm of the Year by Asian Legal Business (ALB) India Law Awards 2023;one of the
                        ‘Best Overall Law Firms’ at the India Business Law Journal Indian Law Firm Awards 2022;
                        ‘Firm of the year’ for Client Service Excellence by Asia Law Awards 2021; “M&A Law
                        firm of the Year” by VCCircle Awards 2020; one of the most innovative law firms in Asia
                        in the inaugural edition of ALB Trailblazers 2020 and ‘highly commended’ in the FT RSG
                        Innovative Lawyers Awards 2020.
www.trilegal.com
                        www.constructionclaimandispute.com
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