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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

Extensions of time in construction contracts

In an extension of time claim, blame for the delay was a relevant consideration when assessing what was “fair and reasonable”.

In CAJ...
Article
General

Construction contract procedure and dispute resolution: There really is a reason to pay attention to the boring stuff

Failure to follow a simple construction contract procedure resulted in a hollow dispute outcome for all in Cairns Building and Construction v Kaminaras. This...
Article
Mediation

Laying the foundations: tips on how to mediate high-profile construction disputes

Article
General

Testing the waters: New South Wales Supreme Court considers the prevention principle

Court provides further confirmation that the prevention principle can be excluded by the terms of a contract....
Article
Adjudication

Construction contract or product warranty? Not all collateral warranty disputes can be adjudicated

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...
Article
General

When you think the amount of your personal guarantee had a limit – but it didn’t.

In a recent Court of Appeal case, Cancian v Carters [2021] NZCA 397, Carters sought to enforce a personal guarantee against Mr...
Article
General

Leaky Home Case: Failure to obtain a building report results in reduction of damages for contributory negligence

Apportionment for contributory negligence allows a court to share the responsibility between parties in circumstances where the test for causation and remoteness of damage...
Article
General, Adjudication

Do payment claims for retention money ‘fit’ with the standard terms of contract in New Zealand?

The New Zealand Construction Contracts Act 2002 (CCA) does not explicitly state that payment claims can be used to recover retention money. That said,...
Article
Adjudication

Resolving Construction Disputes – Is Adjudication a Good Option?

With few exceptions, the Construction Contracts Act 2002 (the Act) applies to every construction contract relating to construction work carried out in New Zealand....
Article
General

“New build” residential property interest deductions rule clarified as new tax rules are set to apply from this Friday

News
Adjudication

Cost certainty for resolving building and construction disputes: Extension to the BDT Adjudication Low Value Claim Scheme

One of the main barriers to dispute resolution is cost: no one wants to risk spending more than the amount they recover. With inflation...
Article
Arbitration

Construction Contracts – Enforcement of Debts Due and Mandatory Alternative Dispute Resolution Clauses

The recent High Court decision in Hellaby Resources Services Limited v Body Corporate 197281 [2021] NZHC 554 is of particular interest in the construction...
Article

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.