Buildlaw, Issue 4: December 2009

Welcome to the December issue of BuildLaw™, in which we bring you articles from New Zealand, Australia and the United Kingdom on building and construction law matters including recent decisions from the Courts on the enforcement of adjudicator's determinations, time limits and repudiation of contracts. We also look at the new service offered by Building Disputes Tribunal for expedited commercial arbitration processes, the South Australian Security of Payment legislation and the Duties of the Independent Certifier to act fairly and impartially.

On behalf of the Building Disputes Tribunal Team, have a safe and happy Christmas.

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

Welcome from John Green The Importance of Time: Concrete Structures v Windfarms

John Green's update on the Building Disputes Tribunal and...

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In Concrete Structures v Windfarms the Court considered the importance of time limits under the dispute resolution provisions of NZS3910:2003...

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Terminating the Contract: the Perils and the Pitfalls Cost Effective Arbitration: John Green speaks at the AMINZ conference

Two recent UK cases consider the perils of terminating a contract including repudiation for a wrongful suspension and the use of injunctions to prevent termination while the dispute is referred to adjudication...

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Expedited contractual arbitration is a viable option to parties wanting to resolve disputes in a prompt, fair and cost effective manner. Building Disputes Tribunal has launched its arbitration services...

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Adjudicator's Take Note: Courts will not tolerate breaches of natural justice South Australia passes Security of Payment Legislation

In the recent case of Kara Group v Gatley the Court granted the application for judicial review and set the determination of Dr Gatley aside. The Court considered that the decision was invalid and court not stand...

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South Australia has passed Security of Payment Legislation. Its key difference from NZ is that it does not apply to residential builders and has different time limits for adjudicator's determinations...

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Limitation Periods in Professional Negligence Claims More from the New Zealand Courts

In a recent case,UK Court of Appeal agrees that the time limitations in tort and contract should be the same...

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Decisions have recently been released by the NZ Courts in relation to enforcement of adjudicator's determination and the jurisdiction of an adjudicator...

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Delays in Construction Contracts: Duties of the Certifier

Stuart Robertson and Kelly Wiltshire recently spoke on the duties of the certifier.

Read their paper here...

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