BuildLaw Issue 32

June 2018

In this issue we feature 'no oral variation clauses in light of the recent UK Supreme Court decision in Rock Advertising v MWB.

We also look at the Grenfell Tower Report and the suspension by MBIE of six CodeMark Certificates relating to ACPs, the appropriate standard of review to be applied by the court to an arbitral tribunal’s ruling on jurisdiction following the recent VSC decision in Lin Tiger Plastering v Platinum Construction by of Croft J, the enforceability of retentions clauses, expert determination clauses in contracts vis-à-vis the right to litigate, the penalty doctrine post Makdessi, sentencing trends under the HSWA, and more

In ‘Case in Brief’ I discuss the recent NZ High Court decision in Anderson and Anor v Swindells & Anor [2018] NZHC 1803 (19 July 2018) in which the Court quashed an adjudicator’s determination (NOT a Building Disputes Tribunal adjudicator) on grounds of serious breach of natural justice and error of law. The Court also found the adjudicator failed to give adequate reasons for his determinations and took into account irrelevant considerations – altogether not a good day at the office for anyone involved!.
 
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CONTENTS
 
  • Court review of an arbitrator's preliminary jurisdictional ruling: de novo or appellate review?
  • Retentions maxed out
  • Case in Brief: Adjudicator's determination quashed - Anderson and Anor v Swindells & Anor
  • Expert determination clauses - when will they be enforceable to prevent Court proceedings?
  • Don't get stuck in the penalty box: the world post-Makdessi
  • Sentencing trends under new penalty regime
  • Holding parties to their bargain: the Supreme Court enforces a 'no oral variation clause'
  • Some clarity on 'no oral variation' clauses
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