by Virginia Bonanni | Nov 22, 2023 | Adjudication, Building, Construction, Contract law
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...
by Virginia Bonanni | Nov 9, 2023 | Adjudication, Building
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...
by Virginia Bonanni | Nov 2, 2023 | Adjudication, Building
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...
by Virginia Bonanni | Oct 26, 2023 | Adjudication, Building, Construction
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...
by Virginia Bonanni | Aug 23, 2023 | Adjudication, Arbitration, Building, Construction
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...
by Virginia Bonanni | Jul 12, 2023 | Adjudication, Building, Construction
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...
by Virginia Bonanni | May 25, 2023 | Adjudication, Building, Construction
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...
by Virginia Bonanni | May 17, 2023 | Adjudication, Arbitration, Building, Construction, Contract law
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...
by Virginia Bonanni | May 10, 2023 | Adjudication, Building, Construction, Payment claims
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...
by Virginia Bonanni | May 4, 2023 | Adjudication, Arbitration, Building, Construction
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...
by Virginia Bonanni | Mar 8, 2023 | Adjudication, Building, Construction, Payment claims
By Kate Holland With the construction industry in the grip of labour and supply shortages and spiralling costs, a recent decision of the Queensland court is a timely reminder of the established principles of contractual repudiation. The decision is a warning to...
by Virginia Bonanni | Feb 22, 2023 | Adjudication, Building
By Adrian Sharma The Resource Management Act 1991 (RMA) is one of New Zealand’s most important pieces of legislation. It governs what can be built where, when, and how. But more than 30 years on from its introduction, and after numerous amendments, the controversial...
