Welcome to our Knowledge Base, your destination for in-depth articles and resources relevant to dispute resolution. Our curated content covers everything from mediation and arbitration, to negotiation and conflict management. Explore our Knowledge Hub to stay informed and up-to-date.

General

Disgruntled builders lose defective cladding dispute

In Goodman-Jones v Hughey & ors [2023] NZHC 604, two experienced builders brought a claim for damages for a perceived defective installation of cladding...
General

Craftiness is not an abuse of process

With cashflow a persistent concern for companies in the construction industry, a recent decision in the New South Wales Supreme Court may alleviate some...
General

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

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...
Adjudication

Waiver and estoppel arguments raised in interim payment dispute

The English Court of Appeal case of A & V Building Solutions Limited v J & B Hopkins Limited has highlighted issues parties face...
General

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

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...
General

Parliament passes sweeping amendments to construction payment regime

Parliament has recently enacted legislation allowing for comprehensive changes to the Construction Contracts Act 2002. The Construction Contracts (Retention Money) Amendment Act...
General

Builder terminates contract with a “sorry mate…costs are going through the roof”

With the construction industry in the grip of labour and supply shortages and spiralling costs, a recent decision of the Queensland court is a...
General

Ripping up the Resource Management Act

The Resource Management Act 1991 (RMA) is one of New Zealand’s most important pieces of legislation. It governs what can be built...
Emergency Sign
General

To bespoke or too bespoke – the case of an ADR clause that couldn’t be enforced

In a recent English decision, the Technology and Construction Court held that a clause in a construction contract requiring the parties to refer a...
General, Adjudication

The Court of Appeal sounds the all clear and it’s business as usual under the CCA: so file a payment schedule or pay up!

A decision issued by the High Court last year caused a “head in hands” moment in the construction industry in relation to the payment...

Note: Please note that the information contained in this article is intended to provide a general guide to the subject matter and is not intended as legal advice. Specialist advice should be sought about your specific circumstances. The content may not reflect current legal developments and is subject to revision without notice.