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 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 | Sep 6, 2023 | Building
By Richard Pidgeon The New South Wales Supreme Court in Parkview Constructions Pty Limited v Futuroscop Enterprises Pty Limited [2023] NSWSC 178 provides insight into the date of practical completion under an AS 4902-2000 contract. Background Parkview Constructions...
by Virginia Bonanni | Aug 29, 2023 | Building, Construction, Contract law
By Alexander Lyall A decision by the Full Federal Court of Australia has provided clarification about the wording of an insurance policy for a construction project. In Acciona Infrastructure Australia Pty Ltd v Zurich Australian Insurance Limited [2023] FCAFC 47,[1] ...
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 30, 2023 | Arbitration, Building, Mediation
By Richard Pidgeon The lawyers who acted for the body corporate and most unit owners in settling the Spencer on Byron’s leaky building claim have been successfully sued by the body corporate in Body Corporate 207624 v Grimshaw & Co [2023] NZHC 979. The body...
by Virginia Bonanni | Jul 19, 2023 | 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 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...
