by Catherine Green | Mar 31, 2023 | BuildLaw
March 2023 Download pdf CONTENTS Diamond Glass slices damages in airport contract Case in Brief: Craftiness is not an abuse of process (Kennedy Civil Contracting Pty Ltd (Administrators Appointed) v Richard Crookes Construction Pty Ltd [2023] NSWSC 99) That...
by Catherine Green | Dec 19, 2022 | Building, BuildLaw
December 2022 Download pdf CONTENTS The Court of Appeal sounds the all clear and it’s business as usual under the CCA: so issue a payment schedule or pay up! Case in Brief: Builder terminates contract with a “sorry mate… costs are going through the roof” but...
by Catherine Green | Sep 30, 2021 | Building, BuildLaw
September 2021 CONTENTS Construction contracts: enforcement of debts due and mandatory alternative dispute resolution clauses Cost certainty for resolving building and construction disputes: extension to the BDT Adjudication Low Value Claim scheme Engineers’ corner:...
by Catherine Green | Jul 1, 2021 | Building, BuildLaw
June 2021 CONTENTS To what extent are adjudication decisions binding on subsequent adjudicators? Aussie Rules – the prevention principle and the duty of good faith What sets jurisdiction in construction disputes? Case in Brief: BNZ Branch Properties Ltd v...
by Catherine Green | Mar 22, 2021 | Building, BuildLaw
March 2021 CONTENTS When will (and won’t) implied warranties expand the scope of works? High risk cladding banned in multiple jurisdictions Paying the price: the risk of not agreeing to the cost of construction works at the outset of a project Case in brief:...
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...
![Assessing sums payable in the absence of a contract: Electrix Limited v The Fletcher Construction Company Limited [2020] NZHC 918](https://buildingdisputestribunal.co.nz/wp-content/uploads/2020/05/iron-rods-474792_1920-1080x675.jpg)
by Catherine Green | May 13, 2020 | Building, Case Law, Construction
Authored by Michael Taylor, Joanna Trezise (Russell McVeagh), and Belinda Green (NZDRC) In a decision released on 6 May 2020, the High Court ordered The Fletcher Construction Company Limited to pay its subcontractor Electrix Limited about $7.5 million, plus GST and...
by Catherine Green | May 22, 2019 | BuildLaw
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...
by Catherine Green | Apr 29, 2019 | Arb-med
Arb-Med, when structured and delivered in a way that ensures procedural certainty and efficacy, can provide disputing parties with the ‘best of both worlds’ in terms of a single unified process that: combines the benefits of both mediation and arbitration: speed,...
by Catherine Green | Apr 22, 2019 | Arbitration
What is a cross lease? A cross lease is where a number of people own an undivided share in a piece of land and the homes that they build on the land are leased from the other land-owners (normally for a term of 999 years). The houses are usually flats or townhouses....
by Catherine Green | Apr 22, 2019 | Adjudication
Under section 25 of the Act, any party to a construction contract is entitled to refer a dispute arising under that construction contract to adjudication except where the parties have agreed to refer disputes between them to arbitration and the arbitration is an...
by Catherine Green | Mar 18, 2019 | Building
When the Construction Contracts Act 2002 (the Act) came into force on 1 April 2003, it significantly reformed the law relating to construction contracts and sought to dramatically change the way in which cashflow occurs in the industry by facilitating regular and...
