Collaborative law-gineering, collaborating on the interactions between law and science from concept to completion
Tracks
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| Wednesday, November 9, 2016 |
| 2:15 PM - 2:45 PM |
| Plaza P6 |
Speaker
Lee Wilson
Wilson Partners Law
Collaborative law-gineering, Collaborating on the interactions between law and science from concept to completion
Abstract
Collaborative law-gineering
Collaborating on the interactions between law and science from concept to completion
A major issue for planning and delivery of projects is the difficulty in translating legal jargon, into meaningful advice for project delivery. This paper coins the new concept of law-gineering. I propose that law-gineering is defining the interaction between law and science and implementing that definition into relevant project or program information. This paper proposes there are 4 general group of products / services relevant to legal risk management in project planning and delivery. Those are:
Project work item What lawyers do
Scope, concept & planning Legal due diligence
Business case, project plan
and funding submissions Legal Business Case /
materiality review
Procurement and delivery Specific items of advice, work
or actions
Completion Back end risk / compliance
issues, litigation risks
As an example, law and science interact very regularly when works are in or around watercourses. How do we identify and convert the concept of a red fish stream on a fish habitat map (and the legal consequences of that) into an element of the design brief on a D&C contract and components of the EMP(c)? Law-gineering defines that interaction in the concept and planning phase, but continues into procurement by identifying options to manage the risk if the contractor changes the methodology and triggers a permit (whereas the project assumptions were that the works were self-assessable).
As an outcome of this paper, we hope to highlight in the scoping, concept and planning phases for projects, methods to improve collaboration between engineers and lawyers as well as provide discussion topics around relevant examples.
Collaborating on the interactions between law and science from concept to completion
A major issue for planning and delivery of projects is the difficulty in translating legal jargon, into meaningful advice for project delivery. This paper coins the new concept of law-gineering. I propose that law-gineering is defining the interaction between law and science and implementing that definition into relevant project or program information. This paper proposes there are 4 general group of products / services relevant to legal risk management in project planning and delivery. Those are:
Project work item What lawyers do
Scope, concept & planning Legal due diligence
Business case, project plan
and funding submissions Legal Business Case /
materiality review
Procurement and delivery Specific items of advice, work
or actions
Completion Back end risk / compliance
issues, litigation risks
As an example, law and science interact very regularly when works are in or around watercourses. How do we identify and convert the concept of a red fish stream on a fish habitat map (and the legal consequences of that) into an element of the design brief on a D&C contract and components of the EMP(c)? Law-gineering defines that interaction in the concept and planning phase, but continues into procurement by identifying options to manage the risk if the contractor changes the methodology and triggers a permit (whereas the project assumptions were that the works were self-assessable).
As an outcome of this paper, we hope to highlight in the scoping, concept and planning phases for projects, methods to improve collaboration between engineers and lawyers as well as provide discussion topics around relevant examples.
Biography
lee@wilsonpartnerslaw.com.au
07 40283855 | 0429338825
www.wilsonpartnerslaw.com.au
About
Lee Wilson is a Queensland based lawyer who has acted for public and private linear infrastructure providers, private sector developers and third parties, local and state governments and other parties in relation to project and program delivery (from advisory, litigious and due diligence). Lee has represented many clients in the Planning and Environment Court and other Queensland Courts involving planning appeals, declaratory proceedings, environmental prosecutions and other legal proceedings.
Lee specialises in linear infrastructure front end due diligence, and assists in determining the benchmark requirements for project delivery, always aiming around 90-95% confidence for estimating.
The scope of Lees work includes the risk management of regulatory issues concerning biodiversity, coastal, building and construction works, tenure (State and Commonwealth regulated lands) cultural heritage, historical and European heritage, land use and planning, marine environment, natural resource access and use, biosecurity and pests, special tenures (protected areas, aboriginal land, forestry act, tidal lands etc), royalty issues, waste, water access, use and impacts and water infrastructure.
He works and delivers in innovation in the law, and has delivered the first fully functional legislation report builder, commentary service (304 Acts and regulations) and due diligence resource library for Queensland, being www.ehdatabase.com.au/ This is an example of how Lee strives to break down barriers between integrating law, science and engineering.
