BuildLaw Issue 28

June 2017

In this issue we feature natural justice and adjudications. We also look at representative defect claims and exclusion clauses, further amendments to the Arbitration Act, and the recent New Zealand Court of Appeal decisions in Ebert Construction v Sansom & Anor in which the Court found that payments made under a direct agreement by a financier to a builder are not voidable transactions and Torchlight which dealt with the application of the penalties doctrine under NSW law.

In 'Case in Brief' Jeremy Glover discusses the recent UK TCC decision in Dawnus Construction Holdings Ltd v Marsh Life LTd [2017] in which Marsh claimed there had been a breach of natural justice in relation to corrections made under the slip rule.
Cover BuildLaw June 2017-83

Click here to read BuildLaw Issue 28


Click here to download a low res. pdf
CONTENTS
  • Exclusion clauses: Court of Appeal confirms broader approach
  • Adjudication, Naturally
  • Case in Brief: Dawnus Construction Holdings Ltd v Marsh Life Ltd 
  • Arbitration Amendment Bill
  • TCC Guidance on Representative Defect Claims
  • Court of Appeal Confirms the Conventional Operation of Extensions of Time Provisions
  • Payment Made Under Direct Agreement not Voidable Transactions
  • NEC launches new NEC4 suits of contracts
  • A recent New Zealand statement on the law of penalties
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.

Find Out More