Building Disputes Tribunal

Building Disputes Tribunal

Resolving building, construction and infrastructure disputes through Adjudication, Mediation, Arbitration, Expert Determination plus more.

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Apartment owners beware: Who pays?

"Apartment Owners Beware..." who should pay?

Find out more about the financial uncertainty for owners who could now be liable for repair costs to units other than their own.
We also look at the limitations of a Professional's obligations when working for free, the trials and tribulations of expert witnesses and we investigate the Queensland's Building Industry Fairness (Security of Payment) Act 2017. Sarah Holderness and Nick Gillies discuss ten guidelines the government could consider in it's approach to construction contracts and we look at the proposed new government procurement rules.

In ‘Case in Brief’ Laura and Kate Badcock look at the impact of the recent decision in M Davenport Builders Limited v Greer & Anor [2019] EWHC 318 (TCC) and how this works in the New Zealand context.

Catherine Green reviews Charles O'Neil's exciting new book: Global Construction Success.

Read the full issue here:
https://bit.ly/2QnRA5s

#constructionlaw #TTC #contracts #buildlaw #subcontractors #tenders #prioritiesclause #apartment

buildingdisputestribunal.co.nz The recent Court of Appeal decision Body Corporate S73368 v Otway creates significant financial uncertainty for apartment owners, who could now be liable for repair costs to units other than their own. In Otway, the repair works to a few units was determined to affect the overall weathertightness o...

buildingdisputestribunal.co.nz

BuildLaw Issue 35

Have you read the latest edition of BuildLaw yet?

Read the full issue here:
https://bit.ly/2JRV1Qp

#constructionlaw #contracts #buildlaw #subcontractors #tenders #prioritiesclause #apartments #buildingdisputes #constructioncontractsact

buildingdisputestribunal.co.nz In this issue, we feature an article on the warning apartment owners may take from the recent Court of Appeal decision in Body Corporate S73368 v Otway. This decision creates some financial uncertainty for owners who could now be liable for repair costs to units other than their own. We also look at...

buildingdisputestribunal.co.nz

The Devil's in the Detail: Ground Conditions Clauses Trumped by Tender Documentation

In another interesting BuildLaw article, Laura Frogley & Louis Peacock-Young analyse the outcome of Clancy Docwra Ltd v E.ON Energy Solutions Ltd. The decision by the Technology and Construction Court highlights the risks of appending pre-contractual documentation to construction contracts. Despite the use of a priorities clause and the insertion of general provisions allocating the risk of ground conditions to the contractor, exclusions contained in tender documentation appended to the contract were found to remain operative.

Read the full article here:
https://goo.gl/amGJxy

#constructionlaw #TTC #contracts #buildlaw #subcontractors #tenders #prioritiesclause

buildingdisputestribunal.co.nz A recent TCC decision highlights the risks of appending pre-contractual documentation to construction contracts. Despite the use of a priorities clause and the insertion of general provisions allocating the risk of ground conditions to the contractor, exclusions contained in tender documentation app...

buildingdisputestribunal.co.nz

Trends in Asian Leisure and Hospitality Developments - Managing Construction Risks

Patrick Daley and Colleen Galbraith discuss the significant growth in the Asian hospitality and leisure industry which can lead to risks in development projects.

#Asia #Asianhospitality #BDT #buildingdisputes

https://bit.ly/2tfaCQE

buildingdisputestribunal.co.nz Summary: The Asian hospitality and leisure industry has seen significant growth in recent years resulting in new developments. As of June 2018, according to Lodging Economics, the region (without even accounting for China, itself a critical market) could boast a total of 1,673 current development pr...

buildingdisputestribunal.co.nz

What's my duty? Negligence claims against contractors

What’s my duty? Negligence claims against contractors: a good reminder of the importance of using clear language in building contracts.
Read the article by Michael Taylor and Michelle Mau to learn more.
#BDT #buildingdisputes #contractualduties #negligence #dutyofcare

https://bit.ly/2HDDHiz

buildingdisputestribunal.co.nz By Michael Taylor & Michelle Mau  Summary: This case showed the court's willingness to find that builders owe duties of care in negligence as well as contractual duties. This matters because there is often a longer time period within which the client can bring a claim for negligence. A builder wish...

buildingdisputestribunal.co.nz

Alliancing: What does the new NEC4 Alliance Contract have to offer?

Another great article by Claire King, discussing the first Alliance Contract published last year by the NEC. Click the link below to gain an understanding of alliancing and the benefits of this practice.

https://bit.ly/2slRPCB

#NEC4 #Alliancecontract #Buildingdisputes #BDT #Buildlaw

buildingdisputestribunal.co.nz In June 2018 the NEC published its first Alliance Contract “designed for use on major projects or programmes of work where longer-term collaborative ways of working are to be created”.1 In this Insight we examine what is meant by alliancing, its perceived benefits and when it tends to be used. ...

buildingdisputestribunal.co.nz

Retentions Regime wilts under scrutiny in first court case

In the December Issue of BuildLaw, John Mckay discusses the retentions regime, brought into effect on 1 April 2017 through an amendment to the Construction Contracts Act. This wilted under the scrutiny of its first test in the Wellington High Court this month.

Click the link below to read the full article.

https://bit.ly/2TCUofr

#BuildLaw #BDT #Retentionsregime #CCA #Constructioncontractsact

buildingdisputestribunal.co.nz The retentions regime, brought into effect on 1 April 2017 through an amendment to the Construction Contracts Act, wilted under the scrutiny of its first test in the Wellington High Court this month.

buildingdisputestribunal.co.nz

Adjudication: calculating time over the Christmas period

If you are involved in an adjudication over this Christmas period, click on the link below for details about the non-working days under the Construction Contracts Act 2002.

#adjudication #CCA #constructioncontractsact #BDT #buildingdisputestribunal

https://www.buildingdisputestribunal.co.nz/Resources/BuildLaw+in+brief/Christmas2018.html

buildingdisputestribunal.co.nz Are you involved in an adjudication which is current over the Christmas period? Just a reminder that the non-working days under the Construction Contracts Act 2002 run from 24 December 2018 to 5 January 2019 inclusive. This means tomorrow, Friday 21 December 2018 is the last working day this year wi...

When deciding which process to use for the recovery of money owed, a number of factors need to be considered. Thanks to our contributors Russell McVeagh and Haggie Law, these guides provide parties with the relevant information. Click on the link below to read the guides on our website.

#constructioncontractsact #CCA #adjudication #BDT #buildingdisputes

https://www.buildingdisputestribunal.co.nz/Resources/BuildLaw%20in%20brief/enforcementguides?mv_pc=2523

buildingdisputestribunal.co.nz

BuildLaw Issue 34

BuildLaw Issue 34 is out! Click here to learn about the latest in construction law.
#CCA #constructionlaw #Buildingdisputes #BDT #Buildlaw #ADR #adjudication #mediation #arbitration

https://www.buildingdisputestribunal.co.nz/Resources/BuildLaw/BuildLaw+Issue+34.html

buildingdisputestribunal.co.nz In this issue we investigate how the new retentions regime stacked up  in it's first court case, in the Wellington High Court. We look at the new NEC4 Alliance Contract, trends in Asian leisure and hospitality, liquidated damages and receivables projects, and ground condition clauses. On page 20 we...

buildingdisputestribunal.co.nz

BuildLaw Issue 33

Another great issue of BuildLaw is out! Read a copy here. BuildLaw Issue 33. #ConstructionLaw #CCA #bdt #BuildingAndConstruction
https://www.buildingdisputestribunal.co.nz/Resources/BuildLaw/BuildLaw+Issue+33.html

buildingdisputestribunal.co.nz In this issue we feature delay analysis. We also look at challenging an adjudication determination in various jurisdictions, the perennial chestnut - who are the parties to the contract? force majeure clauses and causation, current problems besetting the New Zealand construction industry, and more.

buildingdisputestribunal.co.nz

Russell McVeagh: Getting it right from the ground up

Getting it right from the ground up: With over 70 per cent of survey respondents from New Zealand's construction industry predicting an increase in the number of disputes in the next two years, insights released today by law firm Russell McVeagh, offer an opportunity to avoid them. #disputeresolution #findings #statistics #buildingdisputes Russell McVeagh https://goo.gl/PyTfB1

buildingdisputestribunal.co.nz Russell McVeagh has this week published its report 'Getting it right from the ground up: A survey on construction disputes and how to avoid them'. The report summarises the findings of a survey undertaken earlier this year of construction industry participants including Principals, Engineers, Contra...

buildingdisputestribunal.co.nz

Payment Claims: using Xero to send out your invoices? Don't forget the important notice

Do you use Xero to send out your invoices? Make sure they are compliant payment claims under the Construction Contracts Act 2002 (Act).

The default payment regime under the Act is an efficient and effective way of getting your invoices paid. However, we still see contractors coming unstuck when they seek to rely on this regime because their payment claims are not compliant with the requirements of the Act.

#adjudication; #cca; #construction; #gettingpaid; #contractors; #xero
#invoicing #payments #ConstructionContractsAct

https://goo.gl/sjfz2P

buildingdisputestribunal.co.nz The default payment regime under the Act is an efficient and effective way of getting your invoices paid. However, we still see contractors coming unstuck when they seek to rely on this regime because their payment claims are not compliant with the requirements of the Act. Under section 20 of the Ac...

view.joomag.com

BuildLaw Issue 32 June 2018

Have you read BuildLaw issue 32 yet? Read the latest news in construction law here: http://joom.ag/C9vY

#BuildLaw #CCA #ConstructionLaw #retentions #penaltyregime

view.joomag.com Latest news and rulings on Construction Law in New Zealand, Australia and the rest of the world.

buildingdisputestribunal.co.nz

John Green: Honorary Life Membership to Society of Construction Law

We were delighted to attend the Society of Construction Law’s annual dinner last week at which our managing director and founder, John Green, was recognised for his extensive contributions to the practice of construction law with an Honorary Life Membership. #constructionlaw #buildingdisputes #socl #BDT #NZsocl https://goo.gl/KW8xXZ

buildingdisputestribunal.co.nz We were delighted to attend the Society of Construction Law’s annual dinner last week at which our managing director and founder, John Green, was recognised for his extensive contributions to the practice of construction law with an Honorary Life Membership.

buildingdisputestribunal.co.nz

The Application of Contracts in Engineering and Construction Projects

Congratulations to Donald Charrett for the publication of his new book "The Application of Contracts in Engineering and Construction Projects" published by Routledge Taylor & Francis Group.

See link below for more information:

#construction #constructionlaw #engineering #projects

https://www.buildingdisputestribunal.co.nz/Resources/BuildLaw%20in%20brief/The%20Application%20of%20Contracts%20in%20Engineering%20and%20Construction%20Projects?mv_pc=4295

buildingdisputestribunal.co.nz Congratulations to our panellist Dr Donald Charrett for the publication of his new book "The Application of Contracts in Engineering and Construction Projects". This book provides unique and invaluable guidance on the role of contracts in construction and engineering projects. The 32 chapters cover....

[07/03/18]   Initiating Adjudication: Back to Basics

[05/28/18]   Initiating Adjudication: Back to Basics

[05/22/18]   Retentions - maxed out

[05/10/18]   Initiating Adjudication: Back to Basics

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