New Zealand

UNPRECEDENTED! NZS3910, RISK ALLOCATION AND COVID-19

When New Zealand entered its first COVID-19 lockdown in March 2020, the construction law sector had to consider the implications of the lockdown under NZS3910.  In light of the proposed review of NZS3910, it is timely to consider whether NZS3910’s risk allocation regime is fit for purpose.  This essay considers whether NZS3910’s provisions on risk should be amended, and makes three key recommendations

Force majeure and the doctrine of frustration in the COVID-19 world: drafting suitable force majeure provisions

Considers the operation of the doctrine of frustration and force majeure provisions in the context of the ongoing COVID-19 pandemic. The paper aims to provide an overview of how these two concepts interrelate and identifies some practical limitations surrounding their application to non-performance caused by the pandemic.