Posts Tagged ‘Construction Contracts Act 2002’

Construction Contracts Amendment Act 2015

In this final article of 2015, I wish to summarise changes brought about to the Construction Contracts Act 2002 (“the Act”) by operation of the Construction Contracts Amendment Act 2015 (“the Amendment Act”).  The Amendment Act was given royal assent on 22 October 2015.  Many of the changes come into force on 1 December 2015, [...]

CCA – “residential occupier” has to occupy the premises!

The recent decision High Court decision of Welsh v Gunac South Auckland Limited, serves as a timely reminder as to the power of the Construction Contracts Act 2002 (CCA) and that to be a ‘residential occupier’ as under the CCA you need to prove your occupation of the premises. For a payment claim to be [...]

High Court Conflict of Authorities

Construction Contracts Act 2002 and statutory demands It had been clear law following the decision of Volcanic Investments Ltd v Dempsey & Wood Civil Contractors Ltd that a set off or counterclaim could not be used as a mode of setting aside a statutory demand made upon a company where the statutory demand was based on an [...]

A decision on Payment Claims under the new Construction Contracts Act 2002.

This month I wish to cover the decision of TUF Panel Construction Limited v RE Capon. TUF agreed to prepare concrete panels for the defendant. TUF commenced the construction of the panels in accordance with the contract. Two payments were made by the defendant to the TUF. Invoices for the progress payments were prepared on [...]

Construction Contracts Act 2002 Timeframes for Payments Suspension of Works

Despite the passing of the Construction Contract Act 2002, the parties are free to agree between themselves on a mechanism for determining: the number of progress payments under the contract the interval between payments the amount of each payment the date when payments become due. In most commercial building contracts, the contract conditions themselves will [...]

Construction Contracts Act 2002

The Adjudication Process. Adjudication under the Act is a fast track process designed to provide an interim determination of a dispute between the parties. Any party to a construction contract has the right to refer a dispute to adjudication. The exception to this is where the parties have agreed to refer disputes to arbitration, and [...]

The Construction Contracts Act 2002.

This Act comes into force on 1 April 2003, so by the time that you read this article it will already be in force. I had previously dealt with the draft bill in my column of April 2002, so I would refer readers back to that column if they still have retained a copy. The [...]