This note summaries recent construction law decisions and developments in New Zealand.
Just when we thought that the law around trial periods was settling down and we knew where we all stood, the ground has shifted again. The latest wrinkle is, once again, around the concept of giving notice of a trial period termination.
This update provides a summary of judgments released over the past six months. A more extensive discussion of particular judgments is linked to case names highlighted in the summary table. For further information on issues raised in this update, please contact the Hesketh Henry insurance law team.
We are often asked by parents how they can protect the inheritance they will provide for their children – keeping it safe from relationship property and creditor claims. Written by Mary Joy Simpson.
The Sunday Star Times led with a front page article "Bayleys agent Tonya Spicer was sacked after police 'leaked' unlawful information to her employer”. The headline article continues with surprise that Ms Spicer, having been found not guilty of supplying methamphetamine could then be sacked by her employer.
Most employers won’t relish the idea of having to fire someone. However, sometimes an employee’s actions (or inactions) may be so serious that the decision to terminate the employee’s employment might not appear to be a difficult one.
A High Court judge has held that a mutual duty of good faith is implied in every insurance contract. Damages may be awarded for breach of that duty.
Transferring public holidays is always a fun aspect of the holiday payroll, and 2016 is no exception.
The Supreme Court decision of Clayton v Clayton has given new insight into the operation of section 182, Family Proceedings Act 1980.
Hesketh Henry has received the following recommendations and commentary in the high profile Legal 500 Asia Pacific 2017 directory.
FORM COUNTS UNDER THE CONSTRUCTION CONTRACTS ACT - Auckland Electrical Solutions Ltd v The Warrington Group Ltd  NZHC 2245
This case highlights the importance of form when issuing a payment claim and the effect of an inadequately formed payment claim on a summary judgement application for outstanding sums.
From July 2014 to August 2015, The Warrington Group Limited (Warrington) engaged Auckland Electrical Solutions Ltd (AES) to carry out electrical work for a construction project. AES sent invoices totalling $83,599.57. Payment by Warrington and credit notes in favour of Warrington left $8,659.83 outstanding. AES claimed the invoices were payment claims and sought summary judgement in the District Court under the Construction Contacts Act 2002 (the Act) for the outstanding amount and associated costs.
Different types of employment require different employment agreements. Unfortunately, the types are sometimes misunderstood and the wrong type of employment agreement used – this can lead to all sorts of trouble down the track! This article gives you a quick overview to set the record straight.
A bill has been introduced to Parliament to make clear that the new retentions regime for construction contracts only applies to contracts which have been entered into, or renewed, on or after 31 March 2017. Once the regime comes into force, parties may agree that it applies to earlier contracts. The Regulatory Systems (Commercial Matters) Amendment Bill had its first reading on 18 October 2016.
In this insurance law update we summarise significant decisions released in 2016 so far.