BuildLaw, Issue 22: December 2015

Welcome to BuildLaw Issue 22. which marks the end of another busy and highly successful year for the Building Disputes Tribunal.
 
This year was a truly significant one for BDT. We celebrated 25 years delivering specialist dispute resolution services to the building and construction industry in New Zealand, we published our 21st Issue of BuildLaw®, and NZDRC, of which BDT is a substantial subsidiary DR provider, was joint winner of the IMNZ Business <$5M Turnover Award at the 2015 AUT Excellence in Business Support Awards. 

The Awards were celebrated with a gala dinner at the Langham Hotel, Auckland on 29 October, attended by more than 600 business leaders and members of the business community.

The Awards are the only national performance measure for New Zealand organisations that provide business support.  Applications are judged by evaluators from the AUT Business School with oversight from the New Zealand Business Excellence Foundation.

“The competition in this category was strong.   The New Zealand Dispute Resolution Centre has become well established in reputation, systems of operations and control; all of which have led to excellent performance and results,” said category evaluator and senior lecturer in Management at AUT, Dr George Thien.

AUT Dean of Business and Law, Professor Geoff Perry said:  “These Awards are important to AUT because they allow us to recognise the best providers of business support in New Zealand.  Business support organisations and individuals make a significant but often unseen contribution to the performance of businesses, helping behind the scenes with everything from dispute resolution, research and legal services to security, compliance and logistics.  This celebration of the business support sector is a great opportunity for the AUT Business and Law Schools to join with the business community and celebrate excellence.”

We are delighted and honoured to have won this prestigious award which recognises the consistently high standard and innovative nature of the dispute resolution services we provide.

The 2015 AUT Excellence in Business Support Award caps a remarkable year for us in which I was personally honoured to have been awarded the Resolution Institute 2015 Practitioner of the Year Award for Significant Contribution to Dispute Resolution in New Zealand.
I am immensely proud of our achievements over the past 25 years - and this year in particular. I look forward to the opportunities and challenges that lie ahead.

We wish you all a very Merry Christmas, a safe and enjoyable holiday season and a successful and prosperous New Year.

Warmest regards and best wishes for the festive season from all the team at the Building Disputes Tribunal.    

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 22

The articles in Issue 22 are as below:
 
EDITORIAL
  • Winners & Grinners
  • Construction Contracts Amendment Act 2015
  • Building Act—Building Contracts for Residential Projects
  • Expert Determination
  • Changes to the Law on LDs
  • Claims against Construction Professionals
  • Building Product Manufacturers and Duties of Care
  • Procurement
  • Mitigation of Loss
  • Fitness for Purpose
  • Ground Conditions and Notice Provisions
  • Out of Time and out of Money?
  • Out of Time: Singapore Court of Appeal upholds Decision of Adjudicator to reject Adjudication Response filed 2 min late
  • Commission Prosecutes Business over unsafe Transforma Ladders
  • Creative Sentence for Ontario Ready Mix Company
  • Case Update:
    • Kyburn Investments Ltd v Beca Corporate Holdings Ltd [2015] NZCA 290
    • Teak Construction Ltd v Andrew Brands Ltd [2015] NZHC 2312
    • Sanson v Ebert Construction Ltd [2015] NZHC 2014
  • Bundles of Fun (Not)
  • Three Card Trick
  • Ready for the Chop
  • Vale Tony Dean 1941-2015
p4
THE CONSTRUCTION CONTRACTS AMENDMENT ACT 2015—WHAT IS CHANGING AND WHEN? p24
CHALLENGING EXPERT DETERMINATIONS p31
CHANGES TO THE LAW ON LIQUIDATED DAMAGES p33
CLAIMS AGAINST CONSTRUCTION PROFESSIONALS: PROCEED WITH CARE p40
BUILDING PRODUCT MANUFACTURERS AND DUTIES OF CARE p43
PROCUREMENT: THINK YOUR COMMERCIAL TENDERS ARE OFF LIMITS FOR JUDICIAL REVIEW? THINK AGAIN p48
SHOULD MONETARY BENEFIT BE TAKEN INTO ACCOUNT WHEN ASSESSING DAMAGES? p52
FITNESS FOR PURPOSE: WHAT DOES IT MEAN? p53
BINGHAM’S CORNER
  • BUNDLES OF FUN (NOT)
  • THREE CARD TRICK
  • READY FOR THE CHOP
p58

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