BuildLaw, Issue 21: April 2015

BuildLaw


Welcome to BuildLaw Issue 21. This issue marks two significant milestones for BDT. First, and obviously, BuildLaw turns 21 – quite an achievement and our mailing list continues to grow with each issue - but more importantly, this year we celebrate the 25th year of delivering specialist dispute resolution services to the building and construction industry in New Zealand and I am immensely proud of our achievements over that period.
 
With 25 years experience in the avoidance, management, and resolution of building and construction disputes by adjudication, arbitration, mediation, expert determination and other early intervention processes and techniques, the Building Disputes Tribunal has administered hundreds of arbitrations, mediations and adjudications and is recognised and respected as the leading provider of specialist dispute resolution services to the building and construction industry in New Zealand.
 
Our extensive knowledge and experience of building and construction law and the design and implementation of dispute resolution processes for the building and construction industry has enabled us to develop a comprehensive understanding of the industry’s and the community’s needs and to constantly deliver sound and commercially relevant advice on dispute resolution procedures and options and innovative and effective dispute resolution services.
 
I would like to thank all of the lawyers, consultants and contractors for the support we have received from them over the past 25 years and to say that we appreciate the continued support and commitment to our goals and objectives of providing fair, prompt, proportionate and cost effective dispute resolution services for parties involved in building and construction disputes.
 
I would also like to thank our highly skilled and respected Adjudicators, Arbitrators, Mediators, Experts and Neutral Evaluators for their commitment to our ethos and their dedication to delivering private dispute resolution processes to the highest professional and juridical standards and for the support they have shown BDT over the years.
 
We look forward to continuing to serve the industry and the community for the next 25 years and to lifting the bar for delivery of innovative and effective dispute resolution services.
 
We are most grateful as always to our local contributors and for the support that we receive from dispute resolution professionals and law firms around the globe that allows us to bring you a broad perspective on dispute resolution and construction law generally. 

I do hope you find this Issue of BuildLaw® interesting and useful. Please feel free to distribute BuildLaw® to your friends and colleagues – If you are not already a subscriber and wish to receive copies of BuildLaw directly Subscribe to our mailing list.  

CLICK HERE to download Issue 21

The articles in Issue 21 are as below:
 
EDITORIAL
  • 25 Years on and still going strong
  • New Rules
  • Construction Contracts Act Amendment Bill
  • A Quick Global View
  • How Bizarre
  • They can’t just look the part
  • Granting an injunction to prevent repeat Adjudications requires “most exceptional circumstances”
  • End of an Era—Au Revoir footnotes
  • Elusive terms
    • Due Diligence
    • Skill and Care
    • Precedence of Documents
    • Good Faith
    • Reasonableness
  • What is the “Appropriate Deduction” to be made from the final account for defects arising during the defects period?
  • Convenience clauses and implied duties of good faith
  • Termination for Convenience Clauses—A Limitation of Liability by the Back Door
  • Tort of Negligence Applies despite use of NZS 3910:2003
  • Stay of Execution
  • Intellectual Property in Construction Contracts
  • Remuneration for additional Works
  • FIDIC Contracts and Condition Precedents
  • Net Contribution Clauses
  • NZ’s Looming Construction Boom
  • Clarifying the Law regarding Leaky Buildings
p5
AN INCONVENIENT TRUTH FOR TERMINATION WITH CONVENIENCE? p32
TERMINATION FOR CONVENIENCE CLAUSES: A LIMITATION OF LIABILITY BY THE BACKDOOR p37
DOES YOUR CONTRACT PREVENT YOU BEING SUED IN NEGLIGENCE? p39
CHALLENGING AN ADJUDICATION DETERMINATION p42
INTELLECTUAL PROPERTY IN CONSTRUCTION PROJECTS:
WHY IS IT IMPORTANT?
p48
ADDITIONAL WORKS PERFORMED WITH OWNER'S KNOWLEDGE BUT WITHOUT FORMAL APPROVAL p50
A SIGNIFICANT NEW CASE ON THE FIDIC FORM p55
STEPHEN WEST AND CAROL WEST v IAN FINLAY & ASSOCIATES (a firm) p58
NEW ZEALAND’S LOOMING CONSTRUCTION BOOM p61
CLARIFYING THE LAW REGARDING LEAKY BUILDINGS p69
BINGHAM’S CORNER
  • JUSTICE GOING CHEAP
  • SUPER SIZE ME
p74

An Authorised Nominating Authority
under section 65 of the Construction Contracts Act 2002