BuildLaw Issue 35

BuildLaw Issue 35

by | May 22, 2019 | BuildLaw

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

by | Apr 29, 2019 | Arb-med

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,...

Expert Determination Model Clause

by | Apr 29, 2019 | Expert Determination

  If a dispute has already arisen and there is no agreement between the parties to refer the dispute to Expert Determination, the parties may enter into an agreement for those purposes and the following clause is recommended. The words in square brackets should...

MEDIATION MODEL CLAUSE

by | Apr 29, 2019 | Mediation

The following mediation clause should be included in contracts where the parties wish to have any future disputes resolved by Mediation under the Building Disputes Tribunal’s Mediation Rules: “Any dispute or difference arising out of or in connection with this...

ARB-MED MODEL CLAUSE

by | Apr 28, 2019 | Arb-med

The following arb-med clause should be included in contracts where the parties wish to have any future disputes resolved by Arbitration under the Building Disputes Tribunal’s Arb-Med Rules: “Any dispute or difference arising out of or in connection with this contract,...

Cross Lease

by | Apr 22, 2019 | Arbitration

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?

by | Apr 22, 2019 | 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

by | Mar 18, 2019 | Building

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...