BuildLaw, Issue 1: March 2009

In the first issue of BuildLaw, we bring you articles from New Zealand, Australia and the United Kingdom on building and construction law matters including articles on 'serial adjudications', the sobering result of the long-running and costly ligitation arising out of the construction of the Wembley Stadium, what constitutes effective service of notices and documents under the CCA, disclosure of information at mediations and a case note on the recent Court of Appeal case in Laywood & Rees v Holmes Construction.

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

Articles in Issue 1 are as follows:

Update on Building Disputes Tribunal Adjudicating the "same dispute"
Building Disputes Tribunal is an authorised nominating authority under the CCA. It has a select panel of adjudicators and provides a comprehensive adjudication case management service to parties to disputes at no cost to the parties...

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Can parties refer the same dispute to more than one adjudication?
A recent UK case considers that adjudication is meant to be a one-off event and not a means to have a series of decisions on the same issue...

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Mediation: An Honesty Free Zone Court of Appeal Decision: Laywood & Rees v Holmes Construction
Does a lawyer have an ethical obligation to disclose relevant information in a mediation where that information may substantially influence any settlement?..

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This recent COA decision gives some teeth to the CCA in terms of the legal status of adjudicator’s determinations and the adjudication process generally...

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Are you being served? Wembley: Game On
What constitutes effective service of notices and documents under the CCA? Is leaving documents at a PO Box sufficient? Can a party require documents to be served on their lawyer...

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The recent Wembley decision involving Multiplex and its subcontractor has caused quite a stir in the construction law world. The Judge publicly criticized the legal process and the costs incurred by the parties...

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Wembley: Game Over?
David Levin QC provides a comprehensive review of the Wembley decision and his thoughts on how parties can avoid such lengthy and costly litigation...

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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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