by Virginia Bonanni | Nov 2, 2023 | Arbitration, NZDRC
By Richard Pidgeon In The Gama Foundation v Fletcher Steel Limited [2023] NZCA 243, the Court of Appeal reiterated the strict New Zealand tests set out in Gold and Resource Developments (NZ) Ltd v Doug Hood Ltd [2000] 3 NZLR 318 (CA) and Downer Construction (New...
by Virginia Bonanni | Apr 24, 2023 | NZDRC
By Alexander Lyall Parliament has recently enacted legislation allowing for comprehensive changes to the Construction Contracts Act 2002. The Construction Contracts (Retention Money) Amendment Act 2023 passed its third reading on Wednesday 29 March and received Royal...
by Virginia Bonanni | Feb 22, 2023 | NZDRC
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 | Jan 25, 2023 | Contractual Adjudication, Mediation, NZDRC
By Sam Dorne In Thomas Barnes & Sons plc v Blackburn with Darwen Borough Council [2022] EWHC 2598 (TCC) the English High Court dismissed a claim for wrongful termination from a contractor despite agreeing that they were entitled to an extension of time. The facts...
by Virginia Bonanni | Sep 27, 2022 | Property, Property disputes, Relationship Property
By Adrian Sharma Leakage issues in a building can be a real dampener. A recent decision of the Queensland Civil and Administrative Tribunal (the Tribunal) which considered conflicting expert evidence on water ingress issues in a newly built property highlighted the...
by Virginia Bonanni | Sep 21, 2022 | Contractual Adjudication
By Maria Cole It’s only in rare circumstances that the courts will interfere with the decision of an adjudicator on a construction contract. A recent decision out of the English Technology and Construction Court (TCC) considered arguments that an adjudicator acted in...
by Virginia Bonanni | Sep 8, 2021 | Arbitration, Conflict Management, IT Dispute Resolution, Mediation, NZDRC
By Melissa Perkin. The UK Supreme Court in its recent judgment in Triple Point Technology v PTT Public Company[1] has brought welcome clarity in relation to the drafting and interpretation of liquidated damages clauses[2] in construction, commercial and technology...
