by Virginia Bonanni | Sep 16, 2021 | Adjudication, Building, Construction, Payment claims
By Belinda Green. One of the main barriers to dispute resolution is cost: no one wants to risk spending more than the amount they recover. With inflation and construction costs always on the rise, BDT is extending its Low Value Claim (LVC) Scheme for...
by Virginia Bonanni | Sep 3, 2021 | Adjudication, Arbitration, Building, Construction, Contract law, Payment claims
By Melissa Perkin. The recent High Court decision in Hellaby Resources Services Limited v Body Corporate 197281 [2021] NZHC 554 is of particular interest in the construction sector for several key reasons: it is a rare example where a stay of enforcement of summary...
by Virginia Bonanni | Aug 25, 2021 | Adjudication, Building, Construction, Contract law, Payment claims
Author: Melissa Perkin Liquidated damages clauses, a common feature of construction contracts, stipulate the amount of money payable as damages for loss caused by a breach of contract, irrespective of the actual loss suffered. A recent United Kingdom decision of the...
by Virginia Bonanni | Aug 18, 2021 | Adjudication, Building, Construction
For information and guidance on what building and construction work can be done at Alert Level 4: · Health and Safety protocols at different alert levels, visit CHASNZ COVID-19 and working at the current alert level (chasnz.org); and · COVID-19 guidance...
by Virginia Bonanni | Aug 13, 2021 | Adjudication, Building, Case Law, Construction, Contract law, Payment claims
By Melissa Perkin. A second class-action lawsuit[1] brought by a group of 144 homeowners whose homes were clad in Harditex fibre-cement cladding, has failed. The homeowners alleged that Harditex manufacturer James Hardie, between 1987 – 2005, knowingly sold defective...
by Virginia Bonanni | Jul 17, 2021 | Adjudication, Building, Construction, Contract law, Payment claims
The types of dispute that can be referred to adjudication are listed below: Default liability claim These are claims for technical non-compliance with the payment regime under the Act. Where a valid payment claim has been served by a payee on a payer and the payer...
by Virginia Bonanni | Jul 7, 2021 | Adjudication, Building, BuildLaw, Payment claims
Author: Hannah Stanley, Building Disputes Tribunal Registrar Despite the introduction of the retentions regime into the Construction Contracts Act 2002 (the Act) in 2017[1], many subcontractor retentions have still been left unprotected and various gaps in the...
by Natalia Vila | Jul 2, 2021 | Adjudication, Building, Payment claims
By Amy McDonald Are you still waiting on an invoice to be paid that you sent ages ago? Have you done all the work but have nothing to show for it? Unpaid invoices can have a devastating impact on builders and subcontractors. Fortunately, the Construction Contracts Act...
by Virginia Bonanni | Apr 11, 2021 | Adjudication, Arbitration, Building, Construction
By Belinda Green. Experts may look to amend their terms of engagement, as the English Court of Appeal finds a conflict of interest clause applied to a global brand, despite involving separate experts in different locations, contracting via separate legal entities....
by Natalia Vila | Apr 9, 2021 | Adjudication, Building, Payment claims
By Catherine Green. Do you use Xero to send out your invoices? Make sure they are compliant payment claims under the Construction Contracts Act 2002 (Act). The default payment regime under the Act is an efficient and effective way of getting your invoices paid....
by Virginia Bonanni | Apr 8, 2021 | Adjudication, Building, Construction
By Melissa Lin and Nashi Ali. Payees intending to recover costs from payers during the course of legal proceedings may want to reconsider issuing a statutory demand in the first instance and seek an adjudicator’s determination instead. Cubo Projects Ltd v S&S...
by Virginia Bonanni | Apr 8, 2021 | Adjudication, Arbitration, Building, Construction
By Maria Cole. The New South Wales Court of Appeal confirms statutory warranties can expand a scope of works, but the bargain that has been agreed to still holds sway. Oikos Constructions Pty Limited v Ostin [2020] NSWCA 358 (Oikos Constructions) In Oikos...
