Important COVID-19 Update

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These are certainly challenging times for us all.

We are committed to doing everything we can to prioritise the wellbeing of our people, those who use our services and their representatives and the communities we serve to help contain the spread of COVID-19. Following the Prime Minister’s announcement on Saturday, our people will begin working remotely from today, Monday 23 March.

Having well developed online dispute resolution options, it will in many ways be business as usual for us as we focus on providing a seamless service, regardless of where our Registry staff, adjudicators, arbitrators and mediators are working.

We know you are working through similar challenges to ours and that these are uncertain times for everyone. From all of us here we send our thoughts to you, your teams and families.

If you have any questions, please do not hesitate to get in touch. Please let us know if we can be of further assistance to you and we will keep you informed with any further updates.

September 2016

In this issue we feature “The Penalties Doctrine in International Construction Contracting: Where to from here?” – a paper delivered by Professor Doug Jones AO to the Society of Construction Law New Zealand Inc. in August of this year. We also feature a series of articles relating to delay, time at large, and prolongation. We also present articles on settlement agreements and the right to adjudicate, payment claims vs counterclaims in the context of the Construction Contracts Act 2002, proposed security of payment legislation for Hong Kong; and more. In ‘Case in Brief’, Sarah Redding looks at the recent case of Clark v Central Lakes Homes Limited in which Mander J upheld the adjudicator’s determination that monies were payable by Clark to Central Lakes Homes under s48(1)(a) of the Construction Contracts Act 2002 and the enforceability of that determination as a debt due under section 59. The article by Tim Gould in relation to the recent UK case of J Murphy & Sons Ltd v W Maher and Sons Ltd is also apposite, although in that case the Judge “helpfully” followed the decision in Fiona Trust in relation to the “Archaic distinction” between the drafting terms: “under”, “out of”, and “in connection with”.

CONTENTS

  • Media Release: Carter Holt Harvey Ltd v Ministry of Education & Ors [2016] NZSC 95
  • The Penalties Doctrine in International Construction Constructing: Where to from here?
  • Lump Sum Contracts: Not Always Certain?
  • Feature Interview with John Green – when common sense is in scarce supply
  • Concurrent Delays, Time at Large, Prolongation Costs, Global Claims
  • The Role of Causation in Concurrent Delay
  • Proving Extension of Time Claims
  • Prolongation in Construction Contracts and Charging Orders under the Construction Contracts Act 2002 – Infrastructure Projects
  • Settlement Agreements and Construction Contracts: the Right to Adjudicate
  • Case in Brief: Clark v Central Lakes Homes Limited [2016] NZHC 1694
  • Payment Claims v Counterclaim – a common point of contention in the Construction Contract Act’s Payment Regime
  • Proposed Security of Payment Legislation for Hong Kong’s Construction Industry