BUILDLAW

 

BuildLaw is the quarterly publication of the Building Disputes Tribunal in which we bring you a wide range of contributions written by leading construction lawyers, academics, and prominent dispute resolution professionals from various jurisdictions around the world. BuildLaw is published online in March, June, September, and December each year.

Copies of our previous editions can be found in this section of our website.

BuildLaw Issue 37

BuildLaw Issue 37

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...

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BuildLaw Issue 36

BuildLaw Issue 36

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...

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BuildLaw Issue 35

BuildLaw Issue 35

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...

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BuildLaw Issue 34

BuildLaw Issue 34

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,...

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BuildLaw Issue 33

BuildLaw Issue 33

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 besetting the...

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BuildLaw Issue 32

BuildLaw Issue 32

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...

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BuildLaw Issue 31

BuildLaw Issue 31

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, the...

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BuildLaw Issue 30

BuildLaw Issue 30

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. Rebecca...

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BuildLaw Issue 29

BuildLaw Issue 29

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...

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BuildLaw Issue 28

BuildLaw Issue 28

June 2017 In this issue we feature natural justice and adjudications. We also look at representative defect claims and exclusion clauses, further amendments to the Arbitration Act, and the recent New Zealand Court of Appeals decisions in Ebert Construction v Sansom...

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BuildLaw Issue 27

BuildLaw Issue 27

March 2017 In this issue we feature new changes to the Construction Contracts Act - the new statutory trust model for retentions which came into force on 31 March 2017 including the late introduction of a 'complying instrument' option as a means of protecting...

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BuildLaw Issue 26

BuildLaw Issue 26

December 2016 In this issue we feature recent and imminent changes to the Construction Contracts Act - consultants included as from 1 September 2016 and a new statutory trust model for retentions comes into force on 31 March 2017. We also look at the 'Cinderella of...

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BuildLaw Issue 25

BuildLaw Issue 25

September 2016 In this issue we feature "The Penalties Doctrine in International Construction Contracting: Where to from here?" - a paper delivered by Professor Doug Jones AO to the Society of Construction Law New Zealand Inc. in August of this year. We also feature a...

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BuildLaw Issue 24

BuildLaw Issue 24

June 2016 In this issue we feature 'Judicial Remedies for Construction Defects: Common Law, Equity or Statute', a paper prepared by Philip Britton and delivered by Philip to the Society of Construction Law New Zealand Inc in March of this year. We also present...

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BuildLaw Issue 23

BuildLaw Issue 23

March 2016 In this issue we feature construction professionals with two articles highlighting the risks associated with providing professional services and the standards society expects, and the law demands, of professionals, and a further article highlighting the...

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