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 & Anor in which the Court found that payments made under direct agreement by a financier to a builder are not voidable transactions and Torchlight which dealt with the application of the penalties doctrine under NSW law.

In “Case in Brief” Jeremy Glover discusses the recent UK TCC decision in Dawnus Construction Holdings Ltd v Marsh Life Ltd [2017] in which Marsh claimed there had been a breach of natural justice in relation to corrections made under the slip rule.


  • Exclusion clauses: Court of Appeal confirms broader approach
  • Adjudication, naturally
  • Case in Brief:
    Dawnus Construction Holdings v Marsh Life Ltd [2017]
  • Arbitration Amendment Bill
  • TCC Guidance on representative defect claims
  • Court of Appeal confirms the conventional operation of extensions of time provisions
  • Payments made under direct agreement not voidable transactions
  • NEC launches new NEC4 suite of contracts
  • A recent New Zealand statement on the law of penalties
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