18 August 2021 | IMPORTANT NOTICE

x

In line with Ministry of Health guidance, our staff are currently working remotely. They remain available to assist and it is business as usual. However, we ask that wherever possible you contact us online or by email to registrar@buildingdisputestribunal.co.nz.

If you need to courier documents, please contact our Registry staff in the first instance to confirm the appropriate delivery details.

He waka eke noa.

BuildLaw Issue 43

September 2021 CONTENTS Construction contracts: enforcement of debts due and mandatory alternative dispute resolution clauses Cost certainty for resolving building and construction disputes: extension to the BDT Adjudication Low Value Claim scheme Engineers’ corner:...

BuildLaw Issue 42

June 2021 CONTENTS To what extent are adjudication decisions binding on subsequent adjudicators? Aussie Rules – the prevention principle and the duty of good faith What sets jurisdiction in construction disputes? Case in Brief: BNZ Branch Properties Ltd v...

BuildLaw Issue 41

March 2021 CONTENTS When will (and won’t) implied warranties expand the scope of works? High risk cladding banned in multiple jurisdictions Paying the price: the risk of not agreeing to the cost of construction works at the outset of a project Case in brief:...
BuildLaw Issue 35

BuildLaw Issue 35

April 2019 In this issue, we feature an article on the warning apartment owners may take from the recent Court of Appeal decision in Body Corporate S73368 v Otway. This decision creates some financial uncertainty for owners who could now be liable for repair costs to...
Arb-Med: a brief overview

Arb-Med: a brief overview

Arb-Med, when structured and delivered in a way that ensures procedural certainty and efficacy, can provide disputing parties with the ‘best of both worlds’ in terms of a single unified process that: combines the benefits of both mediation and arbitration: speed,...

Cross Lease

What is a cross lease? A cross lease is where a number of people own an undivided share in a piece of land and the homes that they build on the land are leased from the other land-owners (normally for a term of 999 years). The houses are usually flats or townhouses....
When can you go to Adjudication?

When can you go to Adjudication?

Under section 25 of the Act, any party to a construction contract is entitled to refer a dispute arising under that construction contract to adjudication except where the parties have agreed to refer disputes between them to arbitration and the arbitration is an...

The Payment Regime

When the Construction Contracts Act 2002 (the Act) came into force on 1 April 2003, it significantly reformed the law relating to construction contracts and sought to dramatically change the way in which cashflow occurs in the industry by facilitating regular and...