Buildlaw, Issue 11: September 2011

Welcome to the September Issue of BuildLaw in which we bring you articles from New Zealand, 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 11 are as follows:
 
Welcome Proportionate Liability: The Australian Experience Part 3
John Green, Director of The Building Disputes Tribunal discusses building activity levels, the changing market and trends for recovery...

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David Levin QC's commentary on Proportionate Liability continues with part 3 (parts 1 and 2 appear in issues 9 and 10 respectively).

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Payment Claims & Payment Schedules Revisited Put that Appointment on ICE if you please!
Gareth Lewis discusses the implications of the recent High Court case NCB 2000 Ltd v Hurlstone Earth Moving Ltd...

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Discusses successive Adjudicator nominations and the pitfalls for an Adjudicator of expressing provisional views...

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New FIDIC Gold Book Contract Guide A Long Climb to Justice
Sarah Thomas, a highly respected partner in the Projects and International Construction Group at Pinsent Masons UK, writes on the new FIDIC Gold Book, the latest in the FIDIC series of Contract Guides in relation to the new Design, Build and Operate form...

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If you ask someone to design and supply a staircase and it arrives as a heap and not fit for purpose, you can shout breach – but does that mean you can reject the goods?

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Simple Game - Tricky Rules Stanley v Rawlinson Court of Appeal - Like Talking to a Brick Wall
Here’s a conundrum for you: what happens if part of a contract is within an adjudicator’s jurisdiction and part is outside? And if a decision is made on all of it, is it enforceable?


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Neighbours. Love ‘em or hate ‘em, surely it makes sense to take a dispute to arbitration rather than spend thousands thrashing it out in the courts

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