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…

Can smart contracts replace lawyers?

What are smart contracts? They allow you to exchange anything of value in a transparent way which cuts out the middleman (for example, lawyers). Take renting a holiday home for example. If the renter pays the landlord the required amount of cryptocurrency (e.g. Bitcoins), the smart contract will release a digital key to the renter…

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…

Are your estimates accurate?

John Green, founder and director of the Building Disputes Tribunal, a building and construction dispute resolution service provider in New Zealand, has spoken out in a recent article about the unfair and ‘draconian’ nature of many residential construction contracts. In his opinion, residential contracts are skewed in favour of builders for two main reasons: The contracts…