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Home / Construction / Page 2

Building and Construction Under COVID-19 Alert Level 4

Building and Construction Under COVID-19 Alert Level 4

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...
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...
Important Guidance on Contract Interpretation Issued by the Supreme Court

Important Guidance on Contract Interpretation Issued by the Supreme Court

by Natalia Vila | Jul 14, 2021 | Construction, Contract law

Bathurst Resources Ltd v L & M Coal Holdings Ltd [2021] NZSC 85 The Supreme Court in Bathurst Resources Ltd v L & M Coal Holdings Ltd [2021] NZSC 85 has provided important guidance on how extrinsic evidence and implied terms are used to aid interpretation of...
What are the cost implications of challenging an arbitral award through the courts?

What are the cost implications of challenging an arbitral award through the courts?

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...
Overhaul of Resource Management System

Overhaul of Resource Management System

by Virginia Bonanni | Apr 11, 2021 | Building, Case Law, Construction

By Belinda Green.   “Urban areas are struggling to keep pace with population growth and the need for affordable housing. Water quality is deteriorating, biodiversity is diminishing and there is an urgent need to reduce carbon emissions and adapt to climate...
Experts’ duties and conflicting interests – Secretariat Consulting Pte Ltd v A Company

Experts’ duties and conflicting interests – Secretariat Consulting Pte Ltd v A Company

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....
The Award of Enforcement Costs under the Construction Contracts Act 2002

The Award of Enforcement Costs under the Construction Contracts Act 2002

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...
High-Risk Cladding Banned In Multiple Jurisdictions

High-Risk Cladding Banned In Multiple Jurisdictions

by Virginia Bonanni | Apr 8, 2021 | Building, Construction

By Nashi Ali. Following numerous high-rise tragedies across the globe, cladding panels constructed from aluminium composite and polyethylene have been deemed “high risk” and have subsequently been banned in a bid to reduce the risk of fire spread in high-rise...
When will (and won’t) implied warranties expand the scope of works?

When will (and won’t) implied warranties expand the scope of works?

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...
Construction Disputes – Are they on the rise?

Construction Disputes – Are they on the rise?

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...
Bought a house – got problems – no one wants to know?

Bought a house – got problems – no one wants to know?

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...
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