BuildLaw, Issue 3: September 2009

Welcome to the September issue of BuildLaw™, in which we bring you articles from New Zealand, Australia and the United Kingdom on building and construction law matters including the launch of the BuildSafe Security of Payment Scheme and articles on the perils of terminating a contract and limitation periods in professional negligence claims.

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

ARTICLES IN THIS NEWSLETTER INCLUDE:

Welcome, Professor Raymond's Seminar & the launch of BuildSafe Introducing the BuildSafe Security of Payment Scheme
John Green provides an update on the Building Disputes Tribunal and the launch of BuildSafe, a service committed to conflict avoidance...

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On the 2nd of September the BuildSafe Security of Payment Scheme was officially launched. To read more about this revolutionary new Scheme and to see photos of the launch...

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The Perils of E-Tendering Limitation Defenses and Leaky Buildings

If a contractor has to submit an electronic tender by a certain deadline, what excuses can it offer if it's a few minutes late? This recent UK case makes it clear there are not many excuses...

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A recent High Court decision makes it more difficult for respondent parties in leaky building claims to strike out negligence claims against them under the Limitation Act 1950...

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Building Disputes Tribunal Seminar Day: Legal Reasoning and Decision Writing with Professor James Raymond Adjudication and Dispute Review Boards - the next wave in ADR

The Building Disputes Tribunal organised a training seminar with the world renowned professor Jim Raymond which was attended by the Adjudicators & Arbitrators on it's panels as well as the Weathertight Homes Adjudicators in late July 2009...

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Dr. Donald Charrett writes on the use of Dispute Boards and Contractual Adjudication in resolving disputes in Australia...

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Jurisdiction of an Adjudicator Determined 'Debt Due' Dispute and Liability of Non-Respondent Owners Book Review: Practical Guide to Engineering and Construction Contracts

The recent High Court decision of Justice Lang in Redhill Development (NZ) Limited & Ors v Robert John Green & Ors confirms that an adjudicator as jurisdiction to determine the liability of a respondent to make payment under sections 22 and 23 of the CCA, and to make orders against non-respondent owners as associated parties that have acquired sections within the construction site after construction work is complete...

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"Practical Guide to Engineering and Construction Contracts" by Philip Loots and Donald Charrett. Reviewed by Tómas Kennedy-Grant QC...

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From the Courts
Summaries of the latest noteworthy cases:

Colin Foggo & Others v
R J Merrifield Ltd.


AVK2 Ltd v Auckland Concrete
Homes Ltd.


Magson Hardware Ltd v
Doric Interiors & Construction Ltd.


Click here to read the summaries of the above cases...Read More
 

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