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 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 [...]
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 & [...]
New Court of Appeal decision – Blain v Evan Jones Construction Limited The fact surrounding this case were as follows:- The Greymouth District Council entered into a construction contract whereby Evan Jones Construction Limited (EJCL) agreed to construct an aquatic centre for the Council. The Council also entered into a design and contract administration [...]
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 [...]
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 [...]