by Natalia Vila | Nov 10, 2020 | Building, Construction
A survey of construction industry members by Russell McVeagh has revealed that almost 61 percent of respondents are predicting an increase in the number of disputes. Some causes of a rise are within parties’ control, such as relationships, risk allocation and contract...
by Catherine Green | Jun 23, 2020 | Adjudication, Building, Construction
Author: Hannah Stanley, Building Disputes Tribunal Registrar As a homeowner, discovering structural defects in your home is the last thing you want and most wonder where to go from there in terms of their rights and how to remedy the situation. The Courts are often a...
![Assessing sums payable in the absence of a contract: Electrix Limited v The Fletcher Construction Company Limited [2020] NZHC 918](https://www.buildingdisputestribunal.co.nz/wp-content/uploads/2020/05/iron-rods-474792_1920-1080x675.jpg)
by Catherine Green | May 13, 2020 | Building, Case Law, Construction
Authored by Michael Taylor, Joanna Trezise (Russell McVeagh), and Belinda Green (NZDRC) In a decision released on 6 May 2020, the High Court ordered The Fletcher Construction Company Limited to pay its subcontractor Electrix Limited about $7.5 million, plus GST and...
by Chanel Turner | Nov 18, 2019 | Adjudication, Construction
Introduction When a dispute over defective building work turns ugly, the owner is sometimes tempted to refuse the builder the opportunity of returning to rectify the defects. There are risks in this course. This update considers a recent NSW Supreme Court decision...
by Chanel Turner | Nov 15, 2019 | Construction
Framework Contracting, that is well planned from the outset, can be an effective tool to deliver an entire programme of infrastructure with benefits for all sides. While it is simply one way to address resource constraints and the need for fair apportionment of risk...
by Chanel Turner | Nov 14, 2019 | Adjudication, Construction
The Housing Grants, Construction and Regeneration Act 1998 (the Act) applies to “construction operations”. Where a contract relates to both “construction operations” and non-construction operations, the question arises of how payment mechanisms apply to construction...
by Jesika Sabo | Aug 26, 2019 | Construction
The Supreme Court has had the final say on the status of ‘on sold’ earthquake damaged properties insured by IAG at the time of the Canterbury earthquakes. In a judgment released yesterday, the Supreme Court by 3:2 majority, decided that owners of on sold...
by Jesika Sabo | Aug 13, 2019 | Construction
Recently, a subcontractor in the UK was relieved of adverse ground conditions risk, despite contract amendments that sought to allocate that risk to the subcontractor- and it all hinged on an analysis of appendices to the contract. Appending documents to a contract...
by Jesika Sabo | Aug 6, 2019 | Construction
The 4th edition of the Government Procurement Rules (Rules) were published this month. They are the good practice standards for government procurement, and were last substantially revised in March 2015. The Rules apply to all public service departments, police,...
by Jesika Sabo | Jul 26, 2019 | Construction
By the Minister for Building and Construction, Jenny Salesa I’m proud of our building and construction industry, and the hard-working individuals that fill the wide and varied roles that make up the sector. It’s our fifth-largest industry by GDP and fourth-largest...
by Catherine Green | Jan 23, 2019 | Construction
By Claire King Fenwick Elliott LLPIn June 2018 the NEC published its first Alliance Contract “designed for use on major projects or programmes of work where longer-term collaborative ways of working are to be created”.[1] In this Insight we examine what is meant by...
by Catherine Green | May 22, 2018 | Construction
Common retentions provisions in subcontracts may be unenforceable. In Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5, the High Court of Australia recently held that on its proper construction, the retention provisions in a subcontract that made liability for...
