Posts Tagged ‘Contractual Disputes’

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 [...]

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. [...]

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 [...]

Bulmer & Anor v Envisage Construction Limited

Can payment be withheld, and a construction contract cancelled, on the basis of incomplete work? In this month’s article I wish to review the March 2017 decision of Bulmer v Envisage Construction Limited. This decision was initially heard in the District Court, and was appealed to the High Court. Factual Background The appellants (Mr & [...]

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 [...]

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 [...]