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.

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