New Zealand

Regulation and the Race for Robots: Opportunities and regulatory challenges in adopting smart construction robots in New Zealand explores both the opportunities presented by smart robotics in the construction industry and the challenges this emerging technology poses for regulators and the industry at large, and proposes a suite of regulatory solutions, with a focus on pragmatic risk allocation and cost-sharing arrangements.  

The construction industry is highly susceptible to inflation - especially when the price of building materials and labour spiral out of control. This can lead to unwanted outcomes such as cost-overruns or an outward cancellation of projects. Given the current inflationary market conditions, it is important to understand how construction contracts handle the risk of inflation/price escalation. The essay highlights common issues that arise from the use of cost fluctuation clauses and explores various contract pricing models for alternative solutions.

Regulation and the Race for Robots: Opportunities and regulatory challenges in adopting smart construction robots in New Zealand explores both the opportunities presented by smart robotics in the construction industry and the challenges this emerging technology poses for regulators and the industry at large, and proposes a suite of regulatory solutions, with a focus on pragmatic risk allocation and cost-sharing arrangements.  

Considers how NZS3910 responds to the impact of unexpected no fault events, ultimately recommending that a force majeure clause become a permanent fixture in the general provisions of NZS3910. The essay considers the force majeure provisions of various international construction contracts and formulates a sample force majeure clause, adapted for the New Zealand market.

Statutory adjudication has become the New Zealand construction sector’s go-to dispute resolution method since its introduction via the Construction Contracts Act 2002. However, adjudication has developed a reputation in some quarters as a ‘rough and ready’ solution which sacrifices analytical rigour for efficiency. Against this backdrop, and in the absence of other wholly satisfactory dispute resolution methods, I propose the widespread adoption of Dispute Resolution Boards (DRBs) in New Zealand, given their impressive track record of resolving and preventing disputes in overseas projects.

9th International Society of Construction Law 'Building for Change' Conference
4-5 November 2021 Virtual