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Authors: Sam Holden, Richard Hutchison
Published: 7 February 2024
Pages: 14

Introduction

This paper addresses three recent construction law decisions, and identifies key implications and takeaways for lawyers advising their construction clients:

1. Northlake Investments Ltd v Civil Construction Ltd [2023] NZHC 2715;
2. Rau Paenga Ltd v CPB Contractors Pty Ltd [2023] NZHC 2974; and
3. SRG Global Remediation Services (NZ) Ltd v Body Corporate 197281 & Ors [2023] NZSC 22.

Each of these cases involved disputes under contracts based on NZS 3910:2013. Each case required the Court to interpret and apply cl 13 of NZS 3910 (disputes). Rau Paenga also required consideration of cl 14 (frustration and default).

NZS 3910 is a set of standard conditions of contract for building and civil engineering construction. It was first published in 1987, and is the contract most commonly used in New Zealand’s construction industry, accounting for approximately 80% of all construction contacts in New Zealand. (...continued)

Content outline

• Northlake Investments Ltd v Civil Construction LTD
• Rau Paenga Ltd v CPB Contractors Pty Ltd
• SRG Global Remediation Services (NZ) Ltd v Body Corporate 197281 & Ors

Content outline

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