The importance of BIM access

  The UK High Court (TCC) has recently granted an interim injunction providing the contractor of a power station with access to the project’s BIM model. The issue arose after the consultant Mott McDonald changed the password to the BIM model after it was not paid for services performed. This effectively halted the project. The…

Reasonable endeavours – Is it even a thing?

Yes it is. A recent UK case has examined the phrase ‘reasonable endeavours’ in relation to contractual obligations. It is common for contracts to require a party to use reasonable endeavours to achieve an outcome. When that desired outcome is achieved there is no issue. However, when the outcome is not achieved parties may allege…

Direct Agreements – Back from the dead?

In what will be a relief for contractors, the Court of Appeal has overturned the High Court decision, and held that payments made to contractors by financiers pursuant to a direct agreement are not voidable transactions recoverable by a liquidator. While some may see this as a return to the previous position there are a…

Mainzeal – End of an era (Receivership)

Mainzeal was one of the largest construction companies in New Zealand when it was put into receivership in 2012, liquidation followed shortly afterwards. Fast-forward five years and the receivership stage process has just been completed with the Receivers retiring on 15 May 2017. The completion of the Receivership means that the secured creditors (bank) and…

Different tales from the prefab space

Over recent weeks there have been two articles in relation to prefab/modular construction. The first is a positive one about the increasing use of shipping containers as housing and retail options, much to the delight of container companies like royal Wolf (article here). The second is a less positive piece on the collapse of ABT…

A garage by any other name…

With the rate of building increasing in Queenstown it appears that some project are skipping the quality assurance processes, especially around design. Mr Cole and Ms Bohn recently moved in to their rental in Shotover Country and found that the garage had been fenced in. They claim the fence was not there when they previously…

Gender representation amongst adjudicators

Adjudication is one of the most common forms of dispute resolution used in the New Zealand construction industry. When a dispute arises the parties are able to agree a specific adjudicator and failing agreement they are able to apply to an authorised nominating body to have an adjudicator appointed. I recently read an article from…