Webinar Package includes:

Archive Presentation  l  Booklet  l  PowerPoint Presentation

Webinar Package Fee (incl GST)

• $149 - NZLS members and Associate members
• $179 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

Webinar Archive Presentation

The Construction Contracts Amendment Act 2015 began to progressively take effect from 1 December 2015, with the final provisions coming into force on 31 March 2017. The amendments have resulted in significant changes across the construction sector, with more to come.

This webinar will provide an overview of the amendments. It will consider the practical implications of some of the key changes assisting you when advising your clients on construction related issues.

Topics covered will include:

Adjudications:

• The principal changes to date
• How they have come into effect
• Designers, engineers and others – their position
• Timelines – the adjudicators point of view.

Retention trusts:

• Scope and application of the regime
• Identification of what you need to do to comply
• Remaining areas of uncertainty.

Please contact us if you use a dial up internet connection.

Booklet

Authors: Royden Hindle, Edward Scorgie
Published: 12 April 2017
Pages: 24

Introduction

It is often said that one can gauge the strength of an economy by counting the number of cranes on a city horizon. A corollary for gauging the efficiency of the private disputes resolution market (which, in this context, must for practical purposes be taken to mean the adjudication process under the Construction Contracts Act 2002) might be to count the number of determinations that have been delivered since the Act first came into force. But it is an impossible task. Adjudication processes are confidential and private, and so we simply do not know what the numbers are.

Even so, it seems unlikely there would be many who would say that the Act has not been a resounding success. One might well ask: Was it broke? Did it need fixing?

This seminar discusses the amendments to the Act that were brought about by the Construction Contracts Amendment Act 2015.4 It is important to say at the outset that – with the possible exception of the new regime for retentions – the amendments are about refinement and streamlining rather than any radical change.

There are as yet no decided cases in which there has been any discussion of issues emanating from the recent amendments. Looking at the amendments is, therefore, still a matter of identifying the elements of the Act that Parliament has sought to alter, and considering what the likely impact of the amendments will be.

The first part of this paper groups the changes for consideration under headings for commencement and timing of the amendments; commercial and residential construction contracts; the extension of the Act to designers, engineers and quantity surveyors; rights and obligations; single payment contracts; the adjudication process; and enforcement. The question of retentions is dealt with in the second part of the paper.

PowerPoint Presentation

These are the slides included in the webinar presentation.