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…