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.

November 2018

In this issue we feature delay analysis. We also look at challenging an adjudication determination in various jurisdictions, the perennial chestnut – who are the parties to the contract? force majeure clauses and causation, current problems besetting the New Zealand construction industry, and more.

In ‘Case in Brief’ Jeremy Glover discuss the recent UK Court of Appeal decision in North Midland Building Ltd v Cyden Homes Ltd [2018] EWCA Civ 1744 in which the Court gave a clear indication that contractual terms will be honoured when deciding questions of construction (even if they appear harsh and unfair) and that common law principles such as the Prevention Principle cannot be relied upon to read down or strike down a contractual provision agreed upon by the parties – in this case one that allocated the risk and responsibility of concurrent delay to the contractor by stipulating that where there is concurrent delay, the contractor would not be entitled to an extension of time.

Contents:

  • The crystal ball or the microscope? Deciding on a prospective or retrospective approach to delay analysis
  • Case in Brief: North Midland Building Ltd v Cyden Homes Ltd [2018] EWCA Civ 1744
  • Challenging an Adjudication Decision
  • A change in mindset is essential to address problems in the construction industry
  • Deal or no deal? Another lesson in ensuring your contract is clearly set up
  • John Green: honorary life membership SOCL
  • Force Majeure clauses and causation
  • Brilliance fined $540,000 for misleading representations about steel mesh