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 terms. Other causes appear to be structural to the industry.
The jury is still out on whether the Construction Sector Accord, launched in April 2019 and aimed at strengthening the partnership between Government and industry, will change the disputes landscape.
The number one reason for disputes was poor quality documentation. The perception of unfair risk allocation in construction contracts continued to be of concern for many contractor respondents, who identified it as a key cause of construction disputes. Also considered to be major causes of disputes was delay and extensions of time, issues with quality or inexperience, financial issues around slow payment and solvency, under-pricing at tendering, variations and poor co-ordination and communication.
Vicarious liability and subcontractors
by Virginia Bonanni | 07/04/2022 | Adjudication, Arbitration, Building, BuildLaw, Construction, Contract law | 0 Comments
Limitation for payment claims under construction contracts
by Virginia Bonanni | 07/04/2022 | Adjudication, Arbitration, Building, BuildLaw, Construction, Contract law | 0 Comments
Extensions of time in construction contracts
by Virginia Bonanni | 07/04/2022 | Adjudication, Building, BuildLaw, Construction | 0 Comments
BuildLaw Issue 45
by Brinda Khatri | 28/03/2022 | Building, BuildLaw | 0 Comments
Testing the waters: New South Wales Supreme Court considers the prevention principle
by Virginia Bonanni | 25/02/2022 | Adjudication, Building, BuildLaw, Construction, Contract law | 0 Comments
Construction contract or product warranty? Not all collateral warranty disputes can be adjudicated
by Virginia Bonanni | 15/02/2022 | Adjudication, Building, Construction, Payment claims | 0 Comments
When you think the amount of your personal guarantee had a limit – but it didn’t.
by Virginia Bonanni | 22/12/2021 | Adjudication, Building, BuildLaw, Case Law, Construction, Contract law, Payment claims | 0 Comments
BuildLaw Issue 44
by Brinda Khatri | 20/12/2021 | Building, BuildLaw | 0 Comments
Leaky Home Case: Failure to obtain a building report results in reduction of damages for contributory negligence
by Virginia Bonanni | 01/11/2021 | Adjudication, Building, BuildLaw, Construction, Contract law, Payment claims | 0 Comments
Do payment claims for retention money ‘fit’ with the standard terms of contract in New Zealand?
by Virginia Bonanni | 29/10/2021 | Adjudication, Building, Construction, Contract law, Payment claims | 0 Comments
Resolving Construction Disputes – Is Adjudication a Good Option?
by Virginia Bonanni | 21/10/2021 | Adjudication, Building, Construction, Contract law, Initiating Adjudication | 0 Comments
BuildLaw Issue 43
by Catherine Green | 30/09/2021 | Building, BuildLaw | 0 Comments
Cost certainty for resolving building and construction disputes: Extension to the BDT Adjudication Low Value Claim Scheme
by Virginia Bonanni | 16/09/2021 | Adjudication, Building, Construction, Payment claims | 0 Comments
Construction Contracts – Enforcement of Debts Due and Mandatory Alternative Dispute Resolution Clauses
by Virginia Bonanni | 03/09/2021 | Adjudication, Arbitration, Building, Construction, Contract law, Payment claims | 0 Comments
The Enforceability of Liquidated Damages Clauses
by Virginia Bonanni | 25/08/2021 | Adjudication, Building, Construction, Contract law, Payment claims | 0 Comments
Building and Construction Under COVID-19 Alert Level 4
by Virginia Bonanni | 18/08/2021 | Adjudication, Building, Construction | 0 Comments
Class-action lawsuit against Harditex cladding fails
by Virginia Bonanni | 13/08/2021 | Adjudication, Building, Case Law, Construction, Contract law, Payment claims | 0 Comments
What types of disputes can be referred to adjudication?
by Virginia Bonanni | 17/07/2021 | Adjudication, Building, Construction, Contract law, Payment claims | 0 Comments
Important Guidance on Contract Interpretation Issued by the Supreme Court
by Natalia Vila | 14/07/2021 | Construction, Contract law | 0 Comments
What are the cost implications of challenging an arbitral award through the courts?
by Virginia Bonanni | 14/07/2021 | Arbitration, Building, Construction | 0 Comments
Proposed Changes to the Construction Retentions Regime
by Virginia Bonanni | 07/07/2021 | Adjudication, Building, BuildLaw, Payment claims | 0 Comments
Show Me the Money: Seven Things to Remember When Preparing a Payment Claim
by Natalia Vila | 02/07/2021 | Adjudication, Building, Payment claims | 0 Comments
BuildLaw Issue 42
by Catherine Green | 01/07/2021 | Building, BuildLaw | 0 Comments
Overhaul of Resource Management System
by Virginia Bonanni | 11/04/2021 | Building, Case Law, Construction | 0 Comments
Experts’ duties and conflicting interests – Secretariat Consulting Pte Ltd v A Company
by Virginia Bonanni | 11/04/2021 | Adjudication, Arbitration, Building, Construction | 0 Comments
Payment Claims: using Xero to send out your invoices? Don’t forget the important notice
by Natalia Vila | 09/04/2021 | Adjudication, Building, Payment claims | 0 Comments
The Award of Enforcement Costs under the Construction Contracts Act 2002
by Virginia Bonanni | 08/04/2021 | Adjudication, Building, Construction | 0 Comments
High-Risk Cladding Banned In Multiple Jurisdictions
by Virginia Bonanni | 08/04/2021 | Building, Construction | 0 Comments
When will (and won’t) implied warranties expand the scope of works?
by Virginia Bonanni | 08/04/2021 | Adjudication, Arbitration, Building, Construction | 0 Comments
BuildLaw Issue 41
by Catherine Green | 22/03/2021 | Building, BuildLaw | 0 Comments
BuildLaw Issue 40
by Brinda Khatri | 25/09/2020 | BuildLaw | 0 Comments
Bought a house – got problems – no one wants to know?
by Catherine Green | 23/06/2020 | Adjudication, Building, Construction | 0 Comments
Assessing sums payable in the absence of a contract: Electrix Limited v The Fletcher Construction Company Limited [2020] NZHC 918
by Catherine Green | 13/05/2020 | Building, Case Law, Construction | 0 Comments
BuildLaw Issue 39
by Brinda Khatri | 01/05/2020 | BuildLaw | 0 Comments
BuildLaw Issue 38
by Brinda Khatri | 20/12/2019 | BuildLaw | 0 Comments
Adjudication: calculating time over the Christmas period 2019-2020
by Brinda Khatri | 27/11/2019 | Adjudication, non-working days, working days | 0 Comments
The builder’s right to fix
by Brinda Khatri | 18/11/2019 | Adjudication, Construction | 0 Comments
The ‘collaborative’ future of construction and infrastructure procurement
by Brinda Khatri | 15/11/2019 | Construction | 0 Comments
Case In-Brief: Hybrid contracts and the payment provisions of the Construction Act
by Brinda Khatri | 14/11/2019 | Adjudication, Construction | 0 Comments
BuildLaw Issue 37
by Brinda Khatri | 01/11/2019 | BuildLaw | 0 Comments
The Supreme Court reinstatement is not a right that can be assigned
by Brinda Khatri | 26/08/2019 | Construction | 0 Comments
Contractual appendices: ignore at your peril
by Brinda Khatri | 13/08/2019 | Construction | 0 Comments
New Government Procurement Rules Announced (4th Edition)
by Brinda Khatri | 06/08/2019 | Construction | 0 Comments
Building Law reforms: Raising the bar across the sector
by Brinda Khatri | 26/07/2019 | Construction | 0 Comments
BuildLaw Issue 36
by Brinda Khatri | 23/07/2019 | BuildLaw | 0 Comments
BuildLaw Issue 35
by Catherine Green | 22/05/2019 | BuildLaw | 0 Comments
When can you go to Adjudication?
by Catherine Green | 22/04/2019 | Adjudication | 0 Comments
Alliancing: what does the new NEC4 Alliance Contract have to offer?
by Catherine Green | 23/01/2019 | Construction | 0 Comments
BuildLaw Issue 34
by Catherine Green | 15/12/2018 | BuildLaw | 0 Comments
Neutral Evaluation Revisited
by Catherine Green | 22/11/2018 | Early Neutral Evaluation | 0 Comments
Recent Posts
- And you think you may have problems with your construction contract?
- Vicarious liability and subcontractors
- Limitation for payment claims under construction contracts
- Extensions of time in construction contracts
- Construction contract procedure and dispute resolution: There really is a reason to pay attention to the boring stuff
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