BuildLaw Issue 27

March 2017

In this issue we feature new changes to the Construction Contracts Act - the new statutory trust model for retentions which came into force on 31 March 2017 including the late introduction of a 'complying instrument' option as a means of protecting retention money.

We also look at public sector procurement, peer professional opinion defences in negligence cases in Australia, the consequence of skipping a mandatory pre-arbitral step, extensions of time anomalies in relation to subcontracts, post termination calls on on-demand bonds, managing earthquake prone buildings; and more.

In 'Case in Brief', Sarah Redding discusses a recent appeal against an arbitral award made pursuant to a NZS3910:2003 contract and I look a a recent Court of Appeal judgment that dealt with the requirement to 'indicate' a claimed amount in respect of a contract where no price or payment mechanism was agreed.
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CONTENTS
  • Balance restored to public sector procurement - the Problem Gambling case
  • Construction professionals and the peer professional opinion defence
  • The consequence of skipping a mandatory pre-arbitral step
  • Case in Brief - double edition:
    • Custom Street Hotel Ltd v Plus Construction NZ Ltd [2016] NZHC 2011
    • CJ Parker Construction Ltd (in liq) v Ketan [CA, 03/02/2017]
  • Court of Appeal upholds extension of time anomaly
  • Status quo returns: the High Court weighs in on reference dates and the NSW Court of Appeal clears up the grounds for challenge
  • Post-termination calls on on-demand securities Court of Appeal guidance
  • The Building (Earthquake-prone Buildings) Amendment Act 2016
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