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