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 [...]
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 [...]
In this month’s article I wish to review the 1 May 2018 judgment of the Ministry of Education & Anor v H Construction North Island Limited. It is a substantial judgment so I have focused upon the pertinent facts and just some of the key legal principles to come from it. Key facts. This proceeding [...]
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 [...]
Introduction. This paper is directed at the statutory and regulatory framework that historically and currently regulates building works. In the first part of this paper I will attempt to address the causes of the leaky building crisis. In the second part I will address whether the Building Act 1991 had a role to play in [...]
In this month’s article to start the new year, I wish to review the very recent decision of Body Corporate 200012 v BP Keene QC & Ors where a body corporate openly used judicial review proceedings to thwart the “pay now and argue later” philosophy of the Act. The background factual matrix to this proceeding [...]
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 [...]
In this month’s article I wish to review the August 2017 United Kingdom Supreme Court decision of MT HA,jgaard A/S v E.ON Climate & Renewable UK Robin Rigg East Limited and another. The background MT HA,jgaard A/S (MTH) designed and installed foundational structures for two windfarms, which failed shortly after the completion of the project. [...]
In this month’s article I wish to review the July 2017 decision of Jefferson and Wilson v Straw Homes Limited and Anor. Introduction/Summary Straw Homes Limited (S) was employed to build a home for Mr Jefferson and Ms Wilson (J). There were delays and cost overruns in the work completed by S, which J refused [...]
In this month’s article I wish to review the June 2017 decision of Lot 8 Investment Limited v RPS Construction Limited. Background The applicant, Lot 8 Investment Limited (Lot 8) applied to the High Court to have RPS Construction Limited (RPS’) statutory demand set aside, which claimed an amount of $54,067.07, in relation to the [...]
