June 2018

In this issue we feature ‘no oral variation clauses in light of the recent UK Supreme Court decision in Rock Advertising v MWB.

We also look at the Grenfell Tower Report and the suspension by MBIE of six CodeMark Certificates relating to ACPs, the appropriate standard of review to be applied by the court to an arbitral tribunal’s ruling on jurisdiction following the recent VSC decision in Lin Tiger Plastering v Platinum Construction by of Croft J, the enforceability of retentions clauses, expert determination clauses in contracts vis-à-vis the right to litigate, the penalty doctrine post Makdessi, sentencing trends under the HSWA, and more

In ‘Case in Brief’ I discuss the recent NZ High Court decision in Anderson and Anor v Swindells & Anor [2018] NZHC 1803 (19 July 2018) in which the Court quashed an adjudicator’s determination (NOT a Building Disputes Tribunal adjudicator) on grounds of serious breach of natural justice and error of law. The Court also found the adjudicator failed to give adequate reasons for his determinations and took into account irrelevant considerations – altogether not a good day at the office for anyone involved!

Contents:

  • Retentions Regime wilts under scrutiny in first court case
  • Alliancing: What does the new NEC4 Alliance Contract have to offer?
  • Case in Brief: Ministry of Education v H Construction North Island Limited [2018] NZHC 871
  • Construction Industry Woes – A Follow Up
  • Trends in Asian Leisure and Hospitality Developments – Managing Construction Risks
  • Liquidated Damages and Receivables Projects
  • The Devil’s in the Detail: Ground Conditions Clauses Trumped by Tender Documentation