BuildLaw, Issue 8: December 2010

Welcome to the December 2010 Issue of BuildLaw in which we bring you articles from New Zealand, Australia and the United Kingdom on building and construction law matters.

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

Articles in Issue 8 are as follows:

Welcome & 2010—The Year in Perspective
 
CONSTRUCTION NEC3 AND NZS 3910: CHALK AND CHEESE?

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)...


Read More

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...


Read More
 
INTERIM DETERMINATIONS : TIME IS UP FOR THE INDEPENDENT ENGINEER LIMITATION PERIODS FOR BUILDING DEFECT CLAIMS – THE ART OF DRAWING A LINE IN THE SAND

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...


Read More
 

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...

Read More

 

ADEQUACY OF REASONS—REVISITED THE THIRD INTERNATIONAL CONSTRUCTION LAW CONFERENCE IN HONG KONG

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...

Read More
 

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)...


Read More
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.

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...

Read More
 

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...

and

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...

Read More

PROPORTIONATE LIABILITY - A FIX TOO FAR?

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?..

Read More
 

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