Adjudication: calculating time over the Christmas period 2019-2020

Are you involved in an adjudication which is current over the Christmas period?

Just a reminder that the non-working days under the Construction Contracts Act 2002 run from 24 December 2019 to 5 January 2020 inclusive. This means, Monday 23 December 2019 is the last working day this year with time recommencing on Monday, 6 January 2020.*

Our office will also close on Tuesday 24 December 2019 and reopen on 6 January 2020.

Wishing you all a happy holiday season from the team at Building Disputes Tribunal.

*the non-working days extend until the close of 15 January 2019 for any processes under sections 71B, 74 or 75 of the Act. This covers procedures for seeking review of a determination in the District Court, the time for opposing entry of a judgment in the District Court, and the time a determination will be entered as a judgment if the defendant takes no steps.

Obstructed view review

by Virginia Bonanni | 22/11/2023 | Adjudication, Building, Construction, Contract law | 0 Comments

Written by Maria Cole Introduction In Wynyard Quarter Residents Association Incorporated v Auckland Council and Orams Group Limited,[1] a group of apartment owners filed judicial review proceedings seeking to overturn an Auckland Council decision to grant resource...

Keep calm and carry on: English Court of Appeal overturns controversial High Court ruling and clarifies guiding principles in serial adjudications

by Virginia Bonanni | 09/11/2023 | Adjudication, Building | 0 Comments

By Kate Holland The English High Court caused concern earlier this year when it held that an adjudicator had breached natural justice by holding himself bound by a previous adjudicator’s findings. Now, in Sudlows Ltd v Global Switch Estates 1 Limited,[1] the Court of...

Moving home

by Virginia Bonanni | 02/11/2023 | Adjudication, Building | 0 Comments

Written by Richard Pidgeon A family became dissatisfied with a house removal firm who had shifted their home from Remuera to Katikati. In Stott v Uplifting Homes Ltd [2023] NZHC 1514, the High Court determined the level of compensation after the contract was...

Big loss for insurer in legal battle with Napier Council over leaky building clause

by Virginia Bonanni | 26/10/2023 | Adjudication, Building, Construction | 0 Comments

Written by Sam Dorne In a recent case, the Supreme Court of New Zealand ruled in favour of the Napier City Council in an insurance claim involving building defects including weathertightness or “leaky building” issues, in what is seen as a return to the status quo...

Case update: English Court of Appeal confirms ‘useless’ ADR procedure too uncertain to enforce

by Virginia Bonanni | 23/08/2023 | Adjudication, Arbitration, Building, Construction | 0 Comments

By Kate Holland In our December 2022 issue of BuildLaw, we reported on a case in the English High Court[1] about an unusual alternative dispute resolution (ADR) procedure in a construction contract that was held to be too uncertain to be an enforceable condition...

Disgruntled builders lose defective cladding dispute

by Virginia Bonanni | 12/07/2023 | Adjudication, Building, Construction | 0 Comments

By Sam Dorne In Goodman-Jones v Hughey & ors [2023] NZHC 604, two experienced builders brought a claim for damages for a perceived defective installation of cladding for a new build. Despite the action being brought against multiple defendants the Court found that...

Craftiness is not an abuse of process

by Virginia Bonanni | 25/05/2023 | Adjudication, Building, Construction | 0 Comments

With cashflow a persistent concern for companies in the construction industry, a recent decision in the New South Wales Supreme Court may alleviate some of the stress. The decision should affirm to struggling parties that there is no problem with taking strategic...

Privileged glimpses: Curtain falls on art gallery’s nuisance ‘human zoo’ exhibit

by Virginia Bonanni | 17/05/2023 | Adjudication, Arbitration, Building, Construction, Contract law | 0 Comments

By Kate Holland The UK Supreme Court has ruled that the London Tate Modern’s public viewing gallery overlooking the luxury glass-walled apartments nearby, is a visual intrusion amounting to the tort of nuisance. The decision in has attracted criticism for prioritising...

Waiver and estoppel arguments raised in interim payment dispute

by Virginia Bonanni | 10/05/2023 | Adjudication, Building, Construction, Payment claims | 0 Comments

By Sam Dorne The English Court of Appeal case of A & V Building Solutions Limited v J & B Hopkins Limited has highlighted issues parties face when there is ambiguity in relation to dates for requesting interim payment in construction contracts.[1] The case...

Doing business in Australia? Then you need to know when you still might have to pick up the whole tab

by Virginia Bonanni | 04/05/2023 | Adjudication, Arbitration, Building, Construction | 0 Comments

By Maria Cole If you have a commercial contract in Australia, it’s probably governed by Australian law, which includes the proportionate liability regime.[1] Broadly, proportionate liability means if there are multiple parties to a contract and things go wrong, a...

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