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FORM COUNTS UNDER THE CONSTRUCTION CONTRACTS ACT - Auckland Electrical Solutions Ltd v The Warrington Group Ltd [2016] NZHC 2245

Written by Nick Gillies and Richard Belcher on November 11th, 2016.

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.
 
 

What type of employment relationship do you have? Are you using the right employment agreement?

Written by Jim Roberts & Jodi Sharman on November 2nd, 2016.

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.
Topics: Employment Law
 

Clarification of retentions requirements for construction contracts

Written by Nick Gillies, Christina Bryant, Helen Macfarlane and Sarah Holderness on October 25th, 2016.

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.
 

Insurance Case Law Update

Written by Christina Bryant, Nick Gillies, Helen Macfarlane, Gennise Luen, Hannah Yiu, Anna King, Nina Thomson, Mary Battersby, Richard Belcher, Rob McStay and Ella Collis on September 19th, 2016.

In this insurance law update we summarise significant decisions released in 2016 so far.
Topics: Insurance Law
 

Enforcement of Damages in Adjudication

Written by Nick Gillies and Richard Belcher on September 19th, 2016.

Clark v Central Lakes Homes Limited [2016] NZHC 1694
 
Introduction
 
This decision highlights the arbitral distinction in the enforceability of the sums due and rights/obligations under construction contracts, prior to the recent CCA amendments. Written by Nick Gillies and Richard Belcher
 
 

A Word of Warning

Written by Jim Roberts & Jodi Sharman on September 7th, 2016.

What is a warning in the employment law context and how do you issue an employee with a warning that will stick? It is not as straightforward as you may think.
Topics: Employment Law
 

Consultants – Are you ready?

Written by Nick Gillies, Christina Bryant, Helen MacFarlane and Sarah Holderness on August 23rd, 2016.

How will the changes to the Construction Contracts Act 2002 affect Architects, Engineers and Quantity Surveyors?
 

Who ya gonna call?

Written by Alison Maelzer and Jim Roberts on August 3rd, 2016.

Obviously, we all hope that we never have to deal with an incident in the workplace.  But equally, we know that accidents do happen.  With the new Health and Safety at Work Act 2015, the rules around notifications have changed.  So what do you have to notify?  When?  How?
Topics: Employment Law
 

Gotta catch ‘em all? What does Pokémon Go mean for the employment relationship?

Written by Alison Maelzer & Mo Al Obaidi on July 25th, 2016.

So unless you've been living in a cave for the last few weeks (and hey, we're not judging your choice of school holiday entertainment), you've probably become aware of Pokémon Go.  Indeed, statistically, there's a good chance you're a Pokémon Go player yourself.  For those not in the know, Pokémon Go is a web-based app that allows players to catch, train (and battle with) collectable digital creatures, which are animated on your smartphone, and can be superimposed on your actual surroundings as you catch them.  The game has, over just a few weeks, become immensely popular and is hugely addictive.  In fact, it’s so popular that we're starting to see reports of players injuring themselves by being so distracted that they wander into traffic, or in one report, off a cliff.  When a rare Pokémon appeared in New York's Central Park recently, traffic chaos ensued as players simply abandoned their cars where they were, in the middle of the crowded streets, and the drivers raced off to catch the virtual creatures. Justin Bieber’s presence, reportedly, nearly went unnoticed.
 

First judgment on whether a director “lives in” New Zealand

Written by Chris Lee, Erich Bachmann, Kate Telford and Bill Walsh on July 25th, 2016.

Background

Since 1 April 2015, New Zealand companies have been required to have at least one director who:
 
  • lives in New Zealand; or
  • lives in Australia and is also the director of an Australian company (excluding a branch),
(for the remainder of this article, we’ll call this the “Residency Requirement”).
 
 

Discrimination in the workplace – here we go again!

Written by Alison Maelzer & Jim Roberts on July 19th, 2016.

The recent article in the New Zealand Herald about a job applicant who was apparently denied the chance of a job interview due to her wearing a hijab provoked a feeling of déjà vu.  It is disappointing that yet again, this issue has arisen.  Surely, surely, employers know by now that discrimination on the basis of religious beliefs or ethnic or national origins is, in almost all circumstances, unlawful, and simply unacceptable?
Topics: Employment Law
 

"Hallelujah, I'm free!" Exiting a multi-owner SME - the importance of a Shareholders' Agreement

Written by Chris Lee and Bill Walsh on July 19th, 2016.

As Diane Foreman recently commented, a business can provide two sources of incomes – the 1st while you’re working in it and the 2nd when you sell up...............written by Chris Lee and Bill Walsh
 

Do you know your CCC's? Duty to Consult, Co-operate and Co-ordinate with other PCBUs

Written by Jim Roberts and Mo Al Obaidi on June 10th, 2016.

A Person Conducting a Business or Undertaking (PCBU) is essentially any entity doing business of any sort in New Zealand.  PCBU's are required to ensure, so far as reasonably practicable, the health and safety of workers employed, engaged, influenced, or directed by the PCBU, and the safety of any other person who may be put at risk by work done by the PCBUs.  Part of that is to get workers involved in the process of risk identification and control (workers include: employees, volunteers and contractors).
 

Payroll 3 - Compliance

Written by Jim Roberts on April 20th, 2016.

Is compliance that difficult?  For the most part, ‘No’.  Yes there are complexities around the application of the Holidays Act 2003, particularly public holidays.  It does seem a bit daft to have four or five different methods for the calculation of pay under the Act, two or three if you count the formulae for annual holidays, and two for public holidays, sick leave and bereavement leave.
Topics: Employment Law
 

Deductions for Unworked Notice

Written by Alison Maelzer on April 6th, 2016.

It can be really frustrating for an employer when an employee just ups and leaves without giving the contractual notice period.  Many employment agreements contain a provision to the effect that if an employee fails to give the correct period of notice, the employer can deduct a sum equivalent to the salary for the unworked period from the employee’s final pay.
Topics: Employment Law
 
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