New Zealand
9th International Society of Construction Law 'Building for Change' Conference
9th International Society of Construction Law 'Building for Change' Conference
4-5 November 2021 Virtual
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.
Director Duty More answers, more questions? Unravelling the recent approach to the personal duty of care of directors and employees of construction companies
First Prize winner the Society of Construction Law New Zealand 2020 Essay Prize Winner
Construction’s Insolvency Predicament: Cooper, Mainzeal and Reckless Trading
Second Prize winner the Society of Construction Law New Zealand 2020 Essay Prize Winner
The city’s breaking and everybody’s shaking climate change and the construction industry
Recommended for Publication Society of Construction Law New Zealand 2020 Essay Prize Winner
Considers the impact of climate change on be way we design and construction buildings and explores the policy implications for the short and long term with particular emphasis on insurance.
Timebars: the good, the bad and how to reconcile the two
Recommended for Publication Society of Construction Law New Zealand 2020 Essay Prize Winner
Discusses the benefits and disadvantages of timebars in contracts in relation to the prevention principle and risk allocation, and concludes that timebars are a useful tool but require careful drafting in order to achieve a best for project outcome.