Posts Tagged ‘Construction Contract’

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 [...]

New English decision – A contractor has an obligation to meet design objectives even if design supplied inadequate to meet design objective.

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. [...]

Jefferson and Wilson v Straw Homes Limited and Anor

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 [...]

Floorman Waikato Limited v Jonathan McRae

In this month’s article I wish to review the May 2017 decision of Floorman Waikato Limited v Jonathan McRae. Background/Dispute Floorman Waikato Limited (F) was engaged by Mr McRae (M) to sand and coat his floors. F said that different options and pricing for flooring were discussed and said that he could not determine which [...]

In Response to Mike Fox – Retentions under the Construction Contracts Act 2002 .

In last month’s article Mike Fox brought to the attention of readers his concerns with the amendments made to the Construction Contracts Act 2002 (CCA), which bring into play a new retentions regime.  These amendments come into force from 31 March 2017.  I wish to more fully outline the regime to be introduced and comment [...]

Relief from “Pay now argue later” principle Construction Contracts Act 2002

Brussell Construction Limited v Manchester Industrial Holdings Limited.   In this month’s article I wish to review the very recent decision of Brussell Construction Limited v Manchester Industrial Holdings Limited.  This is a decision where despite a contractor having seemingly won the battle of compliance with the strict provisions of the Construction Contracts Act 2002, [...]

Can you imply into a building contract a term allowing the Owners to terminate?

Van Der Wal Builders & Contractors Ltd v Hanham [2013] NZHC 2284   Overview The claim before the High Court (M Van Der Wal Builders & Contractors Ltd v Hanham) was an appeal of a decision in the North Shore District Court. The appellant (the Builder) was contracted by the respondent (the Owners) to carry [...]