Articles

High Court consideration of retention provisions under the Construction Contracts Act 2002 – Ebert Construction Limited (in receivership and liquidation).

In the High Court decision of Bennett & Ors v Ebert Construction Limited (In Liquidation), the Court was asked to consider the retention provisions of the Construction Contracts Act 2002, and a proposal to distribute 75% of the Retention Fund. Facts. On 31 July 2018 the Applicants were appointed the receivers of the respondent, Ebert [...]

Supplier of construction materials entitled to issue a payment claim for future works

NMHB Limited v Concrete Structures (NZ) Limited In this month’s article I wish to review the High Court decision of NMHB Limited v Concrete Structures (NZ) Limited.  This was an application to set aside a statutory demand under section 289 of the Companies Act 1993, making demand for outstanding amounts owing pursuant to payment claims [...]

Judicial Review of an adjudication quashing determination – Anderson & Anor v Swindells & McDowall Renovations Limited

In this month’s article I wish to review the decision above, which concerned an adjudication determination under the Construction Contracts Act 2002.  Judicial review is rarely available in the context of Construction Contracts Act 2002 adjudications, because if freely available, it could thwart the fast track payment provisions contained therein. Facts.  7 February 2016 Anderson [...]

Who is liable to pay for repairs to a leaking deck in an apartment block, the owners of the deck only or the unit owners below? – Body Corporate 199380 v A Cook & Ors

In this month’s article I wish to review the High Court decision of Body Corporate 199380 v A Cook & Ors, which dealt with the interpretation of two potentially conflicting sections of the Unit Titles Act 2010, and the reconciliation of that conflict. Facts.  This claim involved the Sebel Suites building located at the Viaduct [...]

Joint and several liability – Should it be replaced by proportionate liability?

In this month’s article I wish to discuss a long-standing debate as to whether the current principle of “last man standing” in multi-party litigation, ought to be replaced by some other method of joint liability assessment.  Territorial authorities and/or their insurers have often complained that this principle has led to them meeting a disproportionate amount [...]

Construction Contracts Act 2002 – Service of documents using email – What constitutes effective service?

It is now common place for many business relationship communications to be conducted predominately in email form.  Construction contracts are no exception.  Typically the key device used for the said communications are smart phones which conveniently allow these communications to take place on and off the building site.  With the advent of construction industry targeted [...]