LookSee Build – recruiting construction talent for NZ

This blog post is written by Ariana Stuart, a senior associate in Kensington Swan’s Construction and Major Projects team.  With resources within the construction industry dwindling, a group of private companies and public organisations are launching a new campaign ‘LookSee Build’ in October targeting global construction talent to fill the immediate and short-term skills gaps identified…

Boom, bust, or crystal ball gazing?

This blog post is written by Ariana Stuart, a Senior Associate in Kensington Swan’s Construction and Major Projects team. Yet another report has been released considering the current construction ‘boom’. MBIE has released its National Construction Pipeline Report 2017  forecasting building and construction activity. Of note, is that MBIE has forecast the construction boom to…

A Win(d) for Fitness for Purpose

The UK Supreme Court has delivered its verdict on the long-running dispute over foundation issues at the Robin Rigg offshore wind farm. The 174MW wind farm, which is positioned between Scotland and England, experienced issues shortly after completion by Danish contractor MT Højgaard. The contract expressly required the foundations to have a lifetime of 20…

Think twice before demanding

A recent judgment by Associate Judge Christiansen serves as a reminder that statutory demand on a “payment claim no payment schedule” basis should only be made where there is a clear debt due. In Lot 8 Investment Ltd v RPS Construction Ltd [2017] NZHC 1400, RPS Construction Limited had served a statutory demand on Lot 8 Investment…

An alternative to the CCA retentions regime

This blog post has been written by Stuart Robertson, a Partner in Kensington Swan’s construction team.  The CCA retentions regime comes into effect on 31 March 2017 – yes in 3 weeks’ time! While the Bill currently before Parliament was meant to correct the transition date (the new regime should only apply to new contracts…

Just another non-compliant payment claim

Over a year ago, we reported on a High Court case that provided valuable lessons around contract documentation, valid payment claims and the threshold for summary judgment. The case, CJ Parker Construction Ltd v Ketan [2015] NZHC 2421 revolved around whether CJ Parker had served a valid payment claim on Ketan. The High Court decided…

State intervention removes arbitration clauses

This blog post was written by Stuart Robertson, one of the partners in Kensington Swan’s construction team. A right to arbitrate a dispute arises from an agreement to arbitrate within the contract entered into by the parties. It reflects the fundamental freedom of choice at the heart of contract law. But are all contracts suitable…

Hawaii’s road woes roll on

This blog post was written by Stuart Robertson, one of the partners in Kensington Swan’s construction team.  A Washington DC think tank, Reason Foundation, has released its latest annual report on the cost-effectiveness and performance of US state, as opposed to local, roading infrastructure. Unfortunately for the Aloha State, its overall rating was 48th out…