BuildLaw, Issue 2: June 2009

Welcome to the June issue of BuildLaw™, in which we bring you articles from New Zealand, Australia and the United Kingdom on building and construction law matters including articles on the Supreme Court decision in Laywood & Rees v Holmes, the ability of adjudicator's to determine their own jurisdiction, the use of mediation in construction disputes, the common law right to interest, adjudication in Singapore, the 10 year long stop period and resolving leaky building claims by adjudication.

You can either download and print the complete newsletter or read those articles of interest.

ARTICLES IN THIS NEWSLETTER INCLUDE:

Welcome and Discussion on Arbitral Reforms Building Disputes Tribunal Seminar Series: What Do Adjudicators Really Want?
John Green provides an update on the Building Disputes Tribunal and discusses developments in arbitration both here and in Australia...

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Building Disputes Tribunal has recently presented this seminar to over 150 people in Auckland, Wellington and Hamilton...

Read more about its success and to see photos

Building Disputes Tribunal releases its first statistics: Trends in Adjudication

 

Patel v Pearson - Adjudicator's ability to determine their own jurisdiction under the Construction Contracts Act
Building Disputes Tribunal collects statistics in more than 70 categories. Statistics released in this edition of BuildLaw include statistics as to who the parties are; cost; percentage of success; charging orders and length of time of the process...

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In the recent case of Patel v Pearson, the High Court considered the ability of an adjudicator to determine his or her own jurisdiction to determine a claim...

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A Lawyers View : Can an Adjudicator determine their own jurisdiction Bad Pennies; John Walton considers the common law right to interest
Duncan Halliwell, a senior associate at Kensington Swan discusses the issue of whether an adjudicator can determine his or her own jurisdiction...

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Is there a common law right to claim interest and if the answer is no, how do parties have an entitlement to interest under the Construction Contracts Act?..

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Adjudication in Singapore: Challenges to an Adjudicator's Decision with regard to Timescales? Bleak House: Resolving Leaky Building Claims by Adjudication
Dr Donald Charrett (Australia) reviews the provisions of the Singapore Act and considers the extent to which an adjudicator's decision can be challenged for late referral, late appointment or late issue of the determination...

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Is there another option to people faced with a leaky home to the issue of Court proceedings. John Green comments on the use of adjudication to resolve leaky building and other claims via the warranties in the Building Act...

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The Use of Mediation in Construction Disputes: Report from the UK 10 years means 10 years: Davidson v Banks
 
There has been an extensive study undertaken by Kings College, the TCC and the Centre for Construction and Dispute Resolution as to the use of mediation in construction disputes. The summary report is now available...

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The High Court has considered the issue of whether the what the reference to a 10 year long stop in the Building Act actually means. Essentially, in Davidson v Banks, the Court has said that 10 years is it: the end of the road...

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