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 | 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 | Jan 25, 2023 | Adjudication, Building, Construction, Payment claims
By Maria Cole A decision issued by the High Court last year caused a “head in hands” moment in the construction industry in relation to the payment claim regime. The High Court set aside a statutory demand which had been filed to enforce a payment claim as a debt due...
by Virginia Bonanni | Feb 15, 2022 | Adjudication, Building, Construction, Payment claims
By Belinda Green Collateral warranties might be parasitic on a construction contract, but that doesn’t automatically mean they are one. The individual wording and circumstances need to be considered. In some cases, like in Toppan Holdings Limited v Simply Construction...
by Virginia Bonanni | Dec 22, 2021 | Adjudication, Building, Case Law, Construction, Contract law, Payment claims
In a recent Court of Appeal case, Cancian v Carters [2021] NZCA 397, Carters sought to enforce a personal guarantee against Mr Canican. The Court dismissed an argument from Mr Cancian that Carters had not notified him that that the limit on his personal guarantee had...
by Virginia Bonanni | Nov 1, 2021 | Adjudication, Building, Construction, Contract law, Payment claims
By Melt Strydom. Apportionment for contributory negligence allows a court to share the responsibility between parties in circumstances where the test for causation and remoteness of damage justifies it. It doesn’t mean a respondent will not be held liable for...
by Virginia Bonanni | Oct 29, 2021 | Adjudication, Building, Construction, Contract law, Payment claims
By Maria Cole The New Zealand Construction Contracts Act 2002 (CCA) does not explicitly state that payment claims can be used to recover retention money. That said, it is clear the 2015 amendments to the definition of a ‘payment’ under the CCA are broad enough to...
by Virginia Bonanni | Sep 16, 2021 | Adjudication, Building, Construction, Payment claims
By Belinda Green. One of the main barriers to dispute resolution is cost: no one wants to risk spending more than the amount they recover. With inflation and construction costs always on the rise, BDT is extending its Low Value Claim (LVC) Scheme for...
by Virginia Bonanni | Sep 3, 2021 | Adjudication, Arbitration, Building, Construction, Contract law, Payment claims
By Melissa Perkin. The recent High Court decision in Hellaby Resources Services Limited v Body Corporate 197281 [2021] NZHC 554 is of particular interest in the construction sector for several key reasons: it is a rare example where a stay of enforcement of summary...
by Virginia Bonanni | Aug 25, 2021 | Adjudication, Building, Construction, Contract law, Payment claims
Author: Melissa Perkin Liquidated damages clauses, a common feature of construction contracts, stipulate the amount of money payable as damages for loss caused by a breach of contract, irrespective of the actual loss suffered. A recent United Kingdom decision of the...
by Virginia Bonanni | Aug 13, 2021 | Adjudication, Building, Case Law, Construction, Contract law, Payment claims
By Melissa Perkin. A second class-action lawsuit[1] brought by a group of 144 homeowners whose homes were clad in Harditex fibre-cement cladding, has failed. The homeowners alleged that Harditex manufacturer James Hardie, between 1987 – 2005, knowingly sold defective...
by Virginia Bonanni | Jul 17, 2021 | Adjudication, Building, Construction, Contract law, Payment claims
The types of dispute that can be referred to adjudication are listed below: Default liability claim These are claims for technical non-compliance with the payment regime under the Act. Where a valid payment claim has been served by a payee on a payer and the payer...
