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Home / Adjudication / Payment claims

Construction contract or product warranty? Not all collateral warranty disputes can be adjudicated

Construction contract or product warranty? Not all collateral warranty disputes can be adjudicated

by Virginia Bonanni | Feb 15, 2022 | Adjudication, Building, Construction, Payment claims

By Belinda Green Collateral warranties might be parasitic on a construction contract, but that doesn’t automatically mean they are one. The individual wording and circumstances need to be considered. In some cases, like in Toppan Holdings Limited v Simply Construction...
When you think the amount of your personal guarantee had a limit – but it didn’t.

When you think the amount of your personal guarantee had a limit – but it didn’t.

by Virginia Bonanni | Dec 22, 2021 | Adjudication, Building, Case Law, Construction, Contract law, Payment claims

In a recent Court of Appeal case, Cancian v Carters [2021] NZCA 397, Carters sought to enforce a personal guarantee against Mr Canican.  The Court dismissed an argument from Mr Cancian that Carters had not notified him that that the limit on his personal guarantee had...
Leaky Home Case: Failure to obtain a building report results in reduction of damages for contributory negligence

Leaky Home Case: Failure to obtain a building report results in reduction of damages for contributory negligence

by Virginia Bonanni | Nov 1, 2021 | Adjudication, Building, Construction, Contract law, Payment claims

By Melt Strydom. Apportionment for contributory negligence allows a court to share the responsibility between parties in circumstances where the test for causation and remoteness of damage justifies it. It doesn’t mean a respondent will not be held liable for...
Do payment claims for retention money ‘fit’ with the standard terms of contract in New Zealand?

Do payment claims for retention money ‘fit’ with the standard terms of contract in New Zealand?

by Virginia Bonanni | Oct 29, 2021 | Adjudication, Building, Construction, Contract law, Payment claims

By Maria Cole The New Zealand Construction Contracts Act 2002 (CCA) does not explicitly state that payment claims can be used to recover retention money. That said, it is clear the 2015 amendments to the definition of a ‘payment’ under the CCA are broad enough to...
Cost certainty for resolving building and construction disputes:  Extension to the BDT Adjudication Low Value Claim Scheme

Cost certainty for resolving building and construction disputes: Extension to the BDT Adjudication Low Value Claim Scheme

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...
Construction Contracts – Enforcement of Debts Due and Mandatory Alternative Dispute Resolution Clauses

Construction Contracts – Enforcement of Debts Due and Mandatory Alternative Dispute Resolution Clauses

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...
The Enforceability of Liquidated Damages Clauses

The Enforceability of Liquidated Damages Clauses

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...
Class-action lawsuit against Harditex cladding fails

Class-action lawsuit against Harditex cladding fails

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...
What types of disputes can be referred to adjudication?

What types of disputes can be referred to adjudication?

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...
Proposed Changes to the Construction Retentions Regime

Proposed Changes to the Construction Retentions Regime

by Virginia Bonanni | Jul 7, 2021 | Adjudication, Building, 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...
Show Me the Money: Seven Things to Remember When Preparing a Payment Claim

Show Me the Money: Seven Things to Remember When Preparing a Payment Claim

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...
Payment Claims: using Xero to send out your invoices? Don’t forget the important notice

Payment Claims: using Xero to send out your invoices? Don’t forget the important notice

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....

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