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…

Consultants, welcome to the CCA

Today the second tranche of changes to the Construction Contracts Act 2002 (CCA) come into effect. Any contracts for design, engineering or quantity surveying work entered into (or renewed) from today will be subject to the CCA. This means that those providing design, engineering or quantity surveying work will have the rights and obligations imposed…

CAMERON BURNELL/ FAIRFAX NZ

Aitchisons awarded costs in Fencegate

The long running Fencegate saga appears to be nearing a conclusion with the Aitchisons (those whose view had been blocked by the structure) being awarded $72,500 in costs. In making this ruling Environment Court Judge Dwyer held that the action of the Walmsleys in erecting the structure and the presence of the structure were offensive…

‘On demand’ no more

We often come across the sentiment that ‘on demand’ bonds provide an absolute entitlement to security, no questions asked. It is becoming clearer and clearer that this is no longer the case. Occasionally, a Beneficiary will attempt to place a call on the bond even though the Contractor is not strictly in default of the…

Court reinforces law on incorporation of terms

This blog post was written by Peter Fernando, a senior associate specialising in commercial contracts and information technology law. In an earlier blog we discussed a case where liability limitations were incorporated into a contract via a signed document that was referred to in that document. In a judgment released in May 2016 the Court of…