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.
First Prize winner the Society of Construction Law New Zealand 2020 Essay Prize Winner
Second Prize winner the Society of Construction Law New Zealand 2020 Essay Prize Winner
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.
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.
Recommended for Publication Society of Construction Law New Zealand 2020 Essay Prize Winner
Defines good faith and discusses the benefits and disadvantages of explicitly incorporating good faith in contracts, outlining the case for and against expanding its use and its relationship to time bars, and recommends some practical ways in which it can encouraged in NZ. A thought-provoking discussion, particularly in the context of the Construction Sector Accord.
Presented at the Society of Construction Law 2019 Conference NZ Fundamentals of Construction Law – the project lifecycle
Recommended for Publication Society of Construction Law New Zealand 2019 Essay Prize Winner
This paper explores whether New Zealand courts and Construction Contracts Act adjudicators can and/or should recognise an implied warranty of buildability in construction contracts.
Do international concerns with the rule against implied warranties of buildability warrant a change in approach for New Zealand?
