Important COVID-19 Update


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.

December 2018

In this issue we investigate how the new retentions regime stacked up  in its first court case, in the Wellington High Court. We look at the new NEC4 Alliance Contract, trends in Asian leisure and hospitality, liquidated damages and receivables projects, and ground condition clauses. On page 20 we feature Derek Firth’s follow up to his article on problems in the construction industry that was featured in our last issue  (see BuildLaw issue 33)

In ‘Case in Brief’ Michael Taylor and Michelle Mau discuss the recent High Court ruling in Ministry of Education v H Construction North Island Limited [2018] NZHC 871.  This case shows the court’s willingness to find that builders owe duties of care in negligence as well as contractual duties.  This matters because there is often a longer time period within which the client can bring a claim for negligence.  A builder wishing to avoid this outcome should use very clear language in the contract.


  • 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