by Brinda Khatri | Sep 25, 2020 | BuildLaw
In this issue we look at the basis on which interest can be claimed in construction contract disputes and we discuss the changes announced by the government in April to stimulate the construction and infrastructure sectors post COVID-19. We feature an insightful...
by Brinda Khatri | May 1, 2020 | BuildLaw
In this issue we look at the government guidelines for NZS3910:2013 contracts affected by Covid-19 Alert level 4 restrictions. We discuss adjudication injunctions caused by the virus and how they may help to provide some clarity to a rather cloudy area of law. We look...
by Brinda Khatri | Dec 20, 2019 | BuildLaw
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...
by Brinda Khatri | Nov 1, 2019 | BuildLaw
October 2019 In this issue, we look at a NSW Supreme Court decision in White Constructions Pty Ltd v PBS Holdings Pty Ltd [2019] which found that the claimant, despite using an expert programmer, failed to sufficiently prove that a delay by the respondent caused delay...
by Brinda Khatri | Jul 23, 2019 | BuildLaw
July 2019 In this issue we feature an article by the honourable Minister for Building and Construction, Jenny Salesa, with an invaluable insight on the proposed Building Law Reform Programme. In Case in Brief, Jeremy Glover makes a commentary on two recent...
by Catherine Green | May 22, 2019 | BuildLaw
April 2019 In this issue, we feature an article on the warning apartment owners may take from the recent Court of Appeal decision in Body Corporate S73368 v Otway. This decision creates some financial uncertainty for owners who could now be liable for repair costs to...
by Catherine Green | Dec 15, 2018 | BuildLaw
December 2018 In this issue we investigate how the new retentions regime stacked up in its first court case, in the Wellington High Court. We look at the new NEC4 Alliance Contract, trends in Asian leisure and hospitality, liquidated damages and receivables projects,...
by Catherine Green | Nov 1, 2018 | BuildLaw
November 2018 In this issue we feature delay analysis. We also look at challenging an adjudication determination in various jurisdictions, the perennial chestnut – who are the parties to the contract? force majeure clauses and causation, current problems...
by Catherine Green | Jun 10, 2018 | BuildLaw
June 2018 In this issue we feature ‘no oral variation clauses in light of the recent UK Supreme Court decision in Rock Advertising v MWB. We also look at the Grenfell Tower Report and the suspension by MBIE of six CodeMark Certificates relating to ACPs, the...
by Catherine Green | Mar 10, 2018 | BuildLaw
March 2018 In this issue we feature the approach to judicial review of adjudicator’s determinations taken by the courts in NSW and New Zealand. We also look at on-demand v conditional bonds, pitfalls of drafting a subsequent agreement on an underlying contract,...
by Catherine Green | Dec 10, 2017 | BuildLaw
Dec 2017 In this issue we feature the Singapore Mataban case where the court confirms an adjudicator’s decision to disregard an invalid payment response. We also look at the issue of non-conforming cladding that became notorious with the Grenfell Tower fire....
by Catherine Green | Sep 1, 2017 | BuildLaw
September 2017 In this issue we feature some of the challenges that are the hallmark of oral construction contracts. We also look at whether a duty of good faith applies to granting extensions of time, how final and binding is an expert determination, how not to amend...