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?
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.
First Prize winner the Society of Construction Law New Zealand 2019 Essay Prize Winner
This paper covers the emergence of the ‘civil engineer’; the role of the administrator to the contract, and how the common law shaped the dual roles of the Engineer to the Contract so well known today. It will then consider by reference to common standard form contracts what the Engineer plays in the resolution of disputes.
It was accompanied by a presentation to SCL(NZ) members in February 2018.
SCL(NZ) Essay Prize Winner 2nd place
Few contractors or principals could say that they have been involved in a project that did not run late or experience delays. A contractor’s entitlement to extensions of time, and costs associated with delay, are important issues in construction law. Concepts of critical paths, float and contingency periods, are essential to analysing extension of time claims, but are not well understood. The purpose of this essay is to explore and explain these concepts in the context of contract programming and extension of time claims.
SCL(NZ) Essay Prize Winner 2017
This is the ppt presentation to Members.
The Construction Contracts Amendment Bill awaits its third reading. As drafted, it significantly broadens the scope of the CCA, most notably widening the definition of construction work to include design, engineering and quantity surveying work; abandoning most distinctions between commercial and residential construction contracts; and providing for binding determinations regarding rights and obligations (in addition to payment obligations). The speakers will discuss the proposed changes, including the following questions:
This is the ppt presentation to Members.
Presenter Dr Donald Charrett, an experienced barrister at the Victorian Bar, practising in building and engineering disputes and accredited Arbitrator and Mediator.
Donald discussed the changing role of the engineer on a construction project including the following key issues:
This is the ppt presentation to Members.
The issue of concurrency and how to address it is becoming increasingly important in complex construction and engineering disputes. Franco Mastrandrea and Steve Briggs will present their views in a debate that will encompass the following:
