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 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...
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 | 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...
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....
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...
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...
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...
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...
