BuildLaw in brief

Construction Contract Reform: Ten Guidelines the Government Could Adopt

April 2019

“We need to lead by example and if there are things that we can do to take a leadership position with that industry then we should be.” Prime Minister Ardern

As 2018 drew to a close, another high profile contractor failed with Corbel Construction going into liquidation, followed by Arrow International entering voluntary administration early in the New Year. 

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Case in Brief: M Davenport Builders Ltd V Greer & Anor [2019] EWHC 318 (TCC)

April 2019

Late in 2018 the UK Court of Appeal gave its eagerly awaited decision in the case of S&T (UK) Limited v Grove Developments Ltd 1 (Grove), settling the long-raging debate of reconciling default liability and subsequent merit-based adjudications.
In Davenport, the UK Technology and Construction Court recently gave the first decision following Grove.  Could this be seen in fact to complicate matters?
The issue before the Court in Davenport was whether a claimant who had obtained an adjudication determination on the merits could rely on it by way of set-off or counter claim to overcome an earlier adjudication on default liability (commonly termed the “smash and grab” or “slam dunk” adjudication in the UK).

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Change on the horizon – what you need to know about the proposed new Government Procurement Rules

22 May 2019

The Ministry of Business, Innovation and Employment (MBIE) recently released its proposed ‘Government Procurement Rules’ 4th Edition (the 4th Edition) for consultation. Once implemented, the 4th Edition will replace the ‘Government Rules of Sourcing’ 3rd edition (the 3rd Edition).
On 31 January 2019 we released this article, introducing those changes that MBIE is particularly interested to receive feedback on, the timeframes for submissions and how submissions can be made. Submissions are now closed but it is still important for all participants in public sector procurement to be aware of what the proposed changes are and how these may affect them. 

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Apartment owners beware: Who pays?

20 May 2019

Find out more about the financial uncertainty for owners who could now be liable for repair costs to units other than their own. 
We also look at the limitations of a Professional's obligations when working for free, the trials and tribulations of expert witnesses and we investigate the Queensland's Building Industry Fairness (Security of Payment) Act 2017. Sarah Holderness and Nick Gillies discuss ten guidelines the government could consider in it's approach to construction contracts and we look at the proposed new government procurement rules.

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Laura Frogley & Louis Peacock-Young: The devil's in the detail: ground conditions clauses trumped by tender documentation

26 March 2019

A recent TCC decision highlights the risks of appending pre-contractual documentation to construction contracts. Despite the use of a priorities clause and the insertion of general provisions allocating the risk of ground conditions to the contractor, exclusions contained in tender documentation appended to the contract were found to remain operative.     

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Patrick Daley & Colleen Galbraith: Trends in Asian Leisure and Hospitality Developments - Managing Construction Risks

12 February 2019

The Asian hospitality and leisure industry has seen significant growth in recent years resulting in new developments. As of June 2018, the region (without even accounting for China, itself a critical market) could boast a total of 1,673 current development projects providing for the creation of 349,081 guestrooms.

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Michael Taylor & Michelle Mau- What's my duty? Negligence claims against contractors

31 January 2019

This case showed the court's willingness to find that builders owe duties of care in negligence as well as contractual duties. This matters because there is often a longer time period within which the client can bring a claim for negligence. A builder wishing to avoid this outcome should use very clear language in the contract.

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Claire King- Alliancing: What does the new NEC4 Alliance Contract have to offer?

14th January 2019

In June 2018 the NEC published its first Alliance Contract. In this Insight we examine what is meant by alliancing, its perceived benefits and when it tends to be used. We then review how the NEC4 Alliance Contract works and what it has to offer given the relatively limited market of standard form alliancing contracts.

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John Mckay: Retentions Regime wilts under scrutiny in first court case

8 January 2019

The retentions regime, brought into effect on 1 April 2017 through an amendment to the Construction Contracts Act, wilted under the scrutiny of its first test in the Wellington High Court last month.

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Adjudication: Calculating time over the Christmas period
20 December 2018

Are you involved in an adjudication which is current over the Christmas period? Check this summary to see where the non-working days fall.

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Enforcement Guides
Adjudication: Enforcement Guides
18 December 2018

There are several ways for a party to enforce an adjudication determination. BDT has now published two guides on enforcement for your reference whether you are seeking to enforce a determination or looking to resist enforcement.

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Getting it Right
Russell McVeagh: Getting it right from the ground up
17 August 2018

Russell McVeagh has this week published its report 'Getting it right from the ground up: A survey on construction disputes and how to avoid them'.
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SOCL Honorary Life Member
John Green awarded Honorary Life Membership to Society of Construction Law
2 August 2018

We were delighted to attend the Society of Construction Law’s annual dinner last week at which our managing director and founder, John Green, was recognised for his extensive contributions to the practice of construction law with an Honorary Life Membership. Read more about John's contributions here...
Donald Charrett Publication
The Application of Contracts in Engineering and Construction Projects
19 July 2018

We are pleased to announce that Routledge have just published Dr Donald Charrett's new book which provides unique and invaluable guidance on the role of contracts in construction and engineering projects.
BuildLaw in Brief Tile{3} Appointing an Adjudicator (ID 80643)
Initiating Adjudication: Back to Basics
Part Three: Appointing an Adjudicator
3 July 2018

How to secure the appointment of an adjudicator quickly and cost effectively.
BuildLaw In Brief Tile{3} service of notice of adjudication (ID 77025)
Initiating Adjudication: Back to Basics
Part Two: Service of the Notice of Adjudication
28 May 2018

Do you know the service requirements under the Act?
Retentions - maxed out
22 May 2018

Common retentions provisions in subcontracts may be unenforceable. A case note on Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5.
Adj Brochure
Adjudication Brochure 
14 May 2018

Download our 2018 Adjudication Booklet today.
Initiating Adj
Initiating Adjudication: Back to Basics
Part One: The Notice of Adjudication
10 May 2018

The preparation of the Notice of Adjudication is arguably the most important step in the Adjudication process. Make sure you get it right.
About Us

With 20 years experience in the avoidance, management, and resolution of building and construction disputes, the Building Disputes Tribunal is recognised and respected as the leading independent, nationwide provider of specialist dispute resolution services to the building and construction industry.

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