BuildLaw, Issue 9: March 2011

Welcome to the March 2011 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 9 are as follows:
 
Welcome Giving Expert Evidence
John Green Director of the Building Disputes Tribunal discusses the events of the past quarter, Richard Fernyhough QC's seminar on 'The Role of Expert Witnesses' and submissions on the review of the Construction Contracts Act 2002...

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George Golvan Discusses issues around Giving Expert Evidence...

"Probably the most famous piece of cross-examination of all time is the question asked by the famous English Barrister, Norman Birkett KC, who was cross-examining an expert engineer and fire assessor on the cause of a fire in a motor vehicle.  His first question was: “What is the coefficient of the expansion of brass?”
The expert witness was unable to answer what seemed to be a basic question for an expert fire engineer, as a result his credibility as a witness was destroyed."...

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An Expert's Observation of the Key Destructive Risks in Construction Programming The NZDRC Directory of Experts & Support Services
The observations in this article are based on Fouad El Chikhani's (Expert & Specialist in Time-related claims) widespread experience along with technical knowledge and skills in preparing and defending time-related claims within New Zealand and USA (some being on the principal’s side and others being on the contractor’s)...

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The NZDRC Directory of Experts & Support Services is a significant feature of the newly launched NZDRC. Whilst only just ‘out of the blocks’, NZDRC expects that this service will grow rapidly and provide an effective means for those who provide specialist legal advice, and for experts such as quantity surveyors, building surveyors, architects and engineers to market their services, and most importantly, for lawyers and parties to disputes to easily find and contact experts to act or assist in cases they are involved with...

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Quantity Surveyors: Quantity not Quality The Leaky Building Legacy
At a recent hearing, the court rejected the submission that there was an implied term in a contract between an employer on a building project and a quantity surveyor that the QS' duty was 'to only value work that had been properly executed by the contractor and was not obviously defective'.  Instead, the implied term was less onerous, that a QS should 'act with the reasonable skill and care of quantity surveyors of ordinary competence and experience when valuing the works properly executed for the purposes of the interim certificates'...

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Gareth Lewis considers the impact of leaky buildings on the law of negligence...

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Concurrent Delay: City Inn Snubbed Proportionate Liability: The Australian Experience Part 1
"The decision of the Scots Inner House in July last year dismissing appeals in the City Inn litigation has provoked considerable debate. The Inner House approved an apportionment approach to the granting of EOTs under JCT-style contract clauses, whereas the availability of such an approach is questionable under English law. A recent TCC decision has now brought the debate into sharp focus by confirming what is thought to be the English position."...

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For some time the N.Z. Government has been considering the ramifications of proportionate liability (PL) legislation...The Christchurch earthquake and its tragic aftermath will doubtless again put pressure on the N.Z. Government to enact such legislation...

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