Construction Law
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Ebert Construction: Court provides Guidance on the Retentions Trust Regime
Following our previous updates (Ebert Construction Receivership – What You Need to Know and Ebert Construction – Receivership and Liquidation), on 12 November 2018 the High Court ordered that the ...
LIQUIDATED DAMAGES
When Actual Delay Losses Exceed Liquidated Damages
14.11.2018 Posted in Construction Law
Building and Construction Law Journal
Construction partner, Nick Gillies, has been published in the latest Building and Construction Law Journal ((2018) 34 BCL 179).
18.10.2018 Posted in Construction Law
EBERT CONSTRUCTION: RECEIVERSHIP AND LIQUIDATION
Introduction Following our Initial Note, the receivers of Ebert Construction Ltd (Ebert) released their first report on 1 October 2018.  Then, on 3 October 2018, Ebert put itself into liquidation, wi...
Getting the Deal Through: Construction 2019
Partners Nick Gillies, Helen Macfarlane and Christina Bryant are the contributing authors of the New Zealand Chapter of the 2019 edition of “Getting the Deal Through Construction”. Getting...
19.09.2018 Posted in Construction Law
A Guide to Concurrent Delay
Hesketh Henry was pleased to host the New Zealand Institute of Quantity Surveyors on 14 August 2018, where one of our construction partners, Nick Gillies, presented on concurrent delay.  The same pre...
22.08.2018 Posted in Construction Law
EBERT CONSTRUCTION RECEIVERSHIP – What You Need To Know
What is currently known? On 31 July 2018 Ebert Construction Ltd (Ebert) was placed into receivership.  John Fisk, Lara Bennett, and Richard Longman from PwC have been appointed receivers.  The recei...
Updated Subcontract Agreement: SA-2017
The SA-2009 form of Subcontract Agreement is commonly used in the construction industry. It has undergone a review and a new SA-2017 form has been produced.
3.07.2018 Posted in Construction Law & Health & Safety Law
CONSTRUCTION LAW UPDATE – JUNE 2018
Recent Construction Law Decisions and Developments in New Zealand
18.06.2018 Posted in Construction Law
Updated Standard Consultancy Agreements
Two of the most commonly used standard agreements to engage consultants are the ACENZ / Engineering New Zealand (formerly IPENZ) Short Form Agreement (“SFA”) and the Conditions of Contract for Consultancy Services (“CCCS”).
5.06.2018 Posted in Construction Law
Managing Risk and Dispute Resolution in Construction Projects ….
The best way to manage a dispute is not to have one.
Leaking Buildings: A Council Class Action In The Making?
We are now on what may be called the “third wave leaky buildings”.
We need to talk about the Engineer
Members of Hesketh Henry's specialist construction team have been busy presenting papers at a number of recent industry conferences on various topics of interest
5.04.2018 Posted in Construction Law
Hesketh Henry Recommended in The Legal 500 Directory as a Leading Firm in 2018
Firm receives recommendations and commentary in 2018 Legal Directories
Construction Law Update – May 2017
Recent Construction Law Decisions and Developments in New Zealand
22.05.2017 Posted in Construction Law
Hesketh Henry Recognised in Legal 500 Asia Pacific 2017 Legal Directory
Recognised in Legal 500 Asia Pacific 2017 Legal Directory
Clarification of retentions requirements for construction contracts
The retentions regime comes into force on 31 March 2017
25.10.2016 Posted in Construction Law
Enforcement of Damages in Adjudication
Does a significant factual dispute preclude summary judgement?
19.09.2016 Posted in Construction Law
Consultants – Are you ready?
How will the changes to the Construction Contracts Act 2002 affect you?
23.08.2016 Posted in Construction Law
The Construction Landscape in New Zealand
It is now widely accepted that New Zealand is in the midst of the largest construction boom in 40 years.  For anyone working in or providing professional services to the construction sector, it is im...
22.12.2015 Posted in Construction Law
Building Product Manufacturers and Duties of Care
Carter Holt Harvey Ltd v Minister of Education & Ors [2015] NZCA 321Last year the High Court[1] refused to strike out a negligence claim that a designer, manufacturer and supplier of building m...
10.12.2015 Posted in Construction Law
Avoiding and Resolving Construction Disputes
Regrettably, building and engineering is prone to disputation.  As New Zealand moves through a period of significant construction activity, the risk of claims is likely to rise.  High demand combi...
17.11.2015 Posted in Construction Law
Construction team features in Business North
Our construction team has been featured in the August 2015 edition of Business North, commenting on New Zealand’s current building boom.  The article outlines reasons for the increase in demand, up...
6.08.2015 Posted in Construction Law
Getting the Deal Through: Construction
Download PDFHelen Macfarlane, together with Christina Bryant, Nick Gillies and Michael O’Brien are the authors of the New Zealand chapter of the 2015 edition of “Getting the Deal Through: Co...
9.03.2015 Posted in Construction Law
Changes to the Construction Contracts Act 2002
Introduction Since its introduction twelve years ago, the Construction Contracts Act 2002 (CCA) has become a cornerstone of New Zealand’s construction sector.  The CCA followed similar statutory in...
19.02.2015 Posted in Construction Law
Responding to Progress Payment Claims: Lessons from the Court of Appeal
Two recent Court of Appeal decisions, SOL Trustees Limited v Giles Civil Limited and Watts v Hughes Construction Limited v Complete Siteworks Company Limited highlight potential pitfalls when respondi...
19.12.2014 Posted in Construction Law
New Residential Building Regulations
The Building (Residential Consumer Rights and Remedies) Regulations 2014 (the Regulations) are coming into force on 1 January 2015.  These implement a number of new consumer protection measures for r...
19.12.2014 Posted in Construction Law
New Zealand’s Looming Construction Boom
What is Driving the boom?
21.10.2014 Posted in Construction Law
Rebuilding New Zealand: A case for Dispute Resolution Boards
Download pdf paper Download Powerpoint slides New Zealand sits on the cusp of the largest construction boom in a generation.  One of the challenges (and opportunities) that this presents is how best ...
2.09.2014 Posted in Construction Law
Presumed Built When Certified
John Anthony Osborne and Helen Osborne v Auckland Council On 10 June 2014, the Supreme Court delivered a decision on the eligibility criteria under s 14(a) of the Weathertight Homes Resolution Servi...
New NZS Construction Contracts
Download full article For ten years NZS 3910:2003 was the form of construction contract most commonly used in New Zealand.  However, following industry feedback, NZS 3910:2003 has now been superseded...
30.01.2014 Posted in Construction Law
New Zealand Construction Report
The Government has released its Construction Report, which takes an in-depth look at the state and direction of NZ’s construction industry.  Construction is one of the largest sectors in NZ’s eco...
26.11.2013 Posted in Construction Law
Limiting Flow-on Effects of Contractor Insolvency
You are the subcontractor and supplier of tiles to the cladding contractor on a major commercial construction project. Midway through the project, one of your payment claims is not paid. Some weeks la...
11.11.2009 Posted in Construction Law
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