Buildlaw, Issue 10: June 2011

Welcome to the June 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 10 are as follows:
 
Welcome Proportionate Liability: The Australian Experience Part 2
John Green Director of the Building Disputes Tribunal discusses the events of the past quarter, immunity for expert witnesses, possible changes to the CCA...

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David Levin QC's commentary on Proportionate Liability continues with part 2 of 3 (part 3 will appear in our next issue of BuildLaw).

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How long is the Long Stop? Public Private Partnerships: Best possible value for money?
Janine Stewart discusses the relationship between the long stop provision in the Building Act which provides an absolute bar against claims of negligent building work ten years after the work was completed and the Limitation Act. The article outlines the difficulties the long stop can cause in contract claims in the context of recent leaky building cases involving defective work and breach of warranties in sale and purchase agreements.

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John Walton discusses whether or not PPP’s present best possible value for money and whether such an approach to infrastructure development in New Zealand could lead to us becoming users and ultimate funders of foreign owned assets; with long term profits flowing overseas, and the cost and all risk remaining in New Zealand.



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Performance Bonds: On Demand or Conditional? Contracts: The critical difference between Assignment and Novation
The team from CMS Cameron McKenna discuss the differences in, and the difficulties with, on demand and conditional performance bonds in light of the Vossloh case.




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This article discusses the differences between assignment and novation which are common within the construction industry. Electing which mechanism to use in any particular case for the purpose of transferring obligations will depend on whether or not the intention is to transfer both the benefit and the burden of the contract.

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Is Expert Witness Immunity in New Zealand on the Brink?
Expert witnesses remain firmly in our sights in the final article for this issue ‘Is expert witness immunity on the brink?’, Should our building and construction experts be afraid?…Immunity from suit for expert witnesses has been abolished in the UK as of 30 March 2011 following the majority decision of the UK Supreme Court in Jones v Kaney. We discuss the case and the New Zealand position.

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