This On Demand was recorded on Wednesday 19 May 2021.

A recent spate of cases has brought into sharp focus a number of issues and key principles of interest and importance to all practitioners advising clients in the building and construction industry. Some of these issues include, inter-alia, the validity of payment claims and payment schedules; the scope of an adjudicator’s powers in determining a dispute; letters of intent and the importance of contract formation; and issues surrounding the retentions regime.

This On Demand will provide a summary of industry noteworthy cases and key takeaways, and unpack the issues surrounding the retentions regime in the context of recent case law and Government announced changes to the Construction Contracts Act 2002.

Who should view?

Building and construction lawyers, civil litigators, commercial lawyers, and general practitioners with clients who are in the construction industry or who own or manage commercial or residential properties.

Learning Outcomes

Cases covered, included:

• Hanlon Plumbing Ltd v Downey Construction Ltd: Interim injunction requiring retentions to be held in a separate trust account.
• Bennet & Ors v Ebert Construction Limited and Oorschot v Corbel Construction.
• KME Services v CPB Contractors: Whether the default rule re exercise of a contractual discretion should be implied in the context of Extensions of Time.
• Jade Residential Ltd v Paul: The right to cancel a contract for partial repudiation; Whether an aggrieved party is required to follow each step in a dispute resolution clause before cancelling a contract.
• Electrix v Fletcher Construction: Issues surrounding the common practice of issuing letters of intent prior to a full construction contract being entered into.
• Poly Wealth Trustee Ltd v Van Vlerken: The validity of a payment claim not in “substantial compliance” with the requirement to include Form 1.
• Fletcher Construction Company Ltd v Spotless Facility Services (NZ) Ltd: Payment schedule requirements under the CCA.
• Alaska Construction + Interiors Auckland Limited v Lahatte: How is an adjudicator’s jurisdiction set? Can grounds of dispute in a notice of adjudication be superseded by an adjudication claim?
• C&R Property Development Ltd v MR Civil Ltd: Threshold to set aside a statutory demand issued to recover amounts awarded in an adjudication determination.
• Haskell Construction Ltd v Ashcroft and Alpine Prime Properties Ltd: The ability of an adjudicator to award statutory damages in an adjudication; The doctrine of issue estoppel.

Presenter Details

Geoff Hardy 
Shanti Frater