Where are my Retentions? Insights from the Ebert Construction Insolvency and Practical Advice for Subcontractors

Second place Society of Construction Law New Zealand 2019 Essay Prize Winner

Carlos’ paper reviews the framework for the regulation of retentions in New Zealand under the Construction Contracts Act 2002, with a particular focus on the insights to be gained from the high profile Ebert Construction insolvency. The paper also explores some of the options available to parties seeking to recover their retentions, and considers whether a failure to hold retentions on trust could lead to a breach of the duties owed by directors under the Companies Act 1993.

Author
Carlos Smith-Diaz
Publication year
2019