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,...

Expert Determination Model Clause

  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

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

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

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?

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...
Adjudication: calculating time over the Christmas period

Adjudication: calculating time over the Christmas period

Are you involved in an adjudication which is current over the Christmas period? Just a reminder that the non-working days under the Construction Contracts Act 2002 run from 24 December 2018 to 5 January 2019 inclusive. This means tomorrow, Friday 21 December 2018 is...
BuildLaw Issue 34

BuildLaw Issue 34

December 2018 In this issue we investigate how the new retentions regime stacked up  in its first court case, in the Wellington High Court. We look at the new NEC4 Alliance Contract, trends in Asian leisure and hospitality, liquidated damages and receivables projects,...
Neutral Evaluation Revisited

Neutral Evaluation Revisited

by Royden Hindle [1] Neutral evaluation is a relatively little-used tool in the dispute resolution toolbox. Certainly, it has potential drawbacks: a party who is disappointed by an evaluator’s assessment may be slow to accept the outcome, while a party who feels...