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...
by Virginia Bonanni | Oct 21, 2021 | Adjudication, Building, Construction, Contract law, Initiating Adjudication
By Natalia Vila. With few exceptions, the Construction Contracts Act 2002 (the Act) applies to every construction contract relating to construction work carried out in New Zealand. Statutory adjudication under the Act is the most commonly used dispute...
by Catherine Green | Sep 30, 2021 | Building, BuildLaw
September 2021 CONTENTS Construction contracts: enforcement of debts due and mandatory alternative dispute resolution clauses Cost certainty for resolving building and construction disputes: extension to the BDT Adjudication Low Value Claim scheme Engineers’ corner:...
by Virginia Bonanni | Sep 29, 2021 | Building
The Government proposed changes to the rules that allowed property owners to claim interest on loans used for residential properties as an expense against their income from those properties. These rules are set to take effect in just three days, on 1 October 2021....
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 14, 2021 | Arbitration, Building, Construction
By Maria Cole. A recent decision of the Singapore High Court shone a spotlight on indemnity costs and when they will, and won’t, be granted following the unsuccessful challenge of an arbitral award. The decision highlighted the opposite principles in place between...
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...
