by Catherine Green | Mar 22, 2021 | Building, BuildLaw
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:...
by Catherine Green | Jun 23, 2020 | Adjudication, Building, Construction
Author: Hannah Stanley, Building Disputes Tribunal Registrar As a homeowner, discovering structural defects in your home is the last thing you want and most wonder where to go from there in terms of their rights and how to remedy the situation. The Courts are often a...
![Assessing sums payable in the absence of a contract: Electrix Limited v The Fletcher Construction Company Limited [2020] NZHC 918](https://www.buildingdisputestribunal.co.nz/wp-content/uploads/2020/05/iron-rods-474792_1920-1080x675.jpg)
by Catherine Green | May 13, 2020 | Building, Case Law, Construction
Authored by Michael Taylor, Joanna Trezise (Russell McVeagh), and Belinda Green (NZDRC) In a decision released on 6 May 2020, the High Court ordered The Fletcher Construction Company Limited to pay its subcontractor Electrix Limited about $7.5 million, plus GST and...
by Catherine Green | 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...
by Catherine Green | 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,...
by Catherine Green | 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...
by Catherine Green | 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...
by Catherine Green | 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,...
by Catherine Green | 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....
by Catherine Green | 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...
by Catherine Green | 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...
by Catherine Green | Jan 23, 2019 | Construction
By Claire King Fenwick Elliott LLPIn June 2018 the NEC published its first Alliance Contract “designed for use on major projects or programmes of work where longer-term collaborative ways of working are to be created”.[1] In this Insight we examine what is meant by...
