Welcome & 2010—The Year in Perspective
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CONSTRUCTION NEC3 AND NZS 3910: CHALK AND CHEESE? |
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John Green Director of the Building Disputes Tribunal discusses the many developments that have occurred for the Tribunal (including extending the variety of dispute resolution services offered) and the industry in 2010 (including proposed changes to the Building Act & CCA)...
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The NEC3 suite of contracts arrived in New Zealand promising its users a brave new world of contracting that would benefit both the Contractor and the Employer. No longer are contracts to be put in the bottom drawer and hidden away but are to be part of an essential management tool in the running of a successful project...
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INTERIM DETERMINATIONS : TIME IS UP FOR THE INDEPENDENT ENGINEER |
LIMITATION PERIODS FOR BUILDING DEFECT CLAIMS – THE ART OF DRAWING A LINE IN THE SAND |
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Historically, it certainly was the case that the Engineer brought a detailed understanding of the construction industry, unquestioned expertise and was generally disinterested in certifications and the outcome of any disputes. However, it is questionable whether that continues to be the case today...
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Limitation periods are tools of certainty and longstop provisions undoubtedly achieve this end. However, the test for accrual of tortious claims will always require a fact specific analysis, and will consequently inject uncertainty into defective building litigation.
Salvation does not lie in the Limitation Act 2010. Unfortunately the new Act merely recasts the law in this area and still leaves plenty of room for limitation litigation...
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ADEQUACY OF REASONS—REVISITED |
THE THIRD INTERNATIONAL CONSTRUCTION LAW CONFERENCE IN HONG KONG |
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Oil Basins lays down an unreasonably high standard. Arbitrators should not be required to give reasons of a judicial standard, even in a complex, high dollar value dispute (Unless expressly agreed in the arbitration agreement). To so require fails to appreciate the fundamental difference between arbitration and litigation...
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Richard Manly SC of the Melbourne TEC Chambers reports on the Third International Construction Law Conference in Hong Kong which was held earlier this month (5-8th Dec 2010)...
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FOURTH INTERNATIONAL CONSTRUCTION LAW CONFERENCE IN MELBOURNE IN MAY 2012 |
LEGISLATION UPDATE: THE BUILDING AMENDMENT BILL (NO. 3) & THE WEATHERTIGHT HOMES RESOLUTION SERVICES (FINANCIAL ASISTANCE PACKAGE) AMENDMENT BILL. |
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The Society of Construction Law Australia and The Society of Construction Law New Zealand will be hosting the Fourth International Construction Law Conference in Melbourne in 2012; The DRBF will also be holding their 12th International Conference and Workshop in Sydney...
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On 9 December 2010, the Building and Construction Minister Maurice Williamson introduced a new Bill into parliament that proposes changes to the Building Act 2004 as a result of the Building Act Review...
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Legislation setting up the long-awaited Government Financial Assistance Package for owners of leaky homes got its first reading in Parliament on 9 December 2010...
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PROPORTIONATE LIABILITY - A FIX TOO FAR? |
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Is the Weathertight Homes Resolution Services (financial assistance package) amendment bill the thin end of the wedge in so far as introducing a scheme of proportionate liability to the building and construction industry in New Zealand is concerned?..
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