Important COVID-19 Update

x

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 2019

In this issue we look at a dispute over a home renovation contract that travelled all the way to the South Australian Supreme Court, highlighting the risks of not dealing with disputes promptly. We examine the ‘Emerald Book’ released earlier this year by FIDIC and we look at the benefits that can come from the use of dispute adjudication boards (DABs) – provision for which was introduced and developed in FIDIC’s 1999 Rainbow Suite. We look at the High Court decision of Arrow International (NZ) Limited (in liq) & Ors v NZ Project 29 Limited & AAI Limited (formerly Vero) [2019] NZHC 1326 which proved a timely reminder of the importance of construction contracts having clear provisions regarding bonds. Elsewhere we discuss adjudication proceedings by companies in liquidation and the implications of joint venture contracting under target cost arrangements.

In Case In Brief we look at Mann v Paterson Constructions Ltd [2019] HCA32 in which the Australian High Court clarified the ongoing controversy as to the remedial options available to a contractor that has terminated a contract following a repudiation by the principal.

CONTENTS
  • It’s called a contract
  • Introducing the FIDIC emerald book
  • Construction bonds – why releasing can be far from simple
  •  The TCC opens the door (slightly) for adjudication proceedings by companies in liquidation
  • Case in brief: Mann v Paterson Constructions Pty Ltd [2019] HCA 32
  • Target cost contracting and joint venture agreements
  • To DA(A)B, or not to DA(B)B…