Preconditions to Arbitration Supporting Best-for-Project Dispute Resolution
First Prize Winner, SCL(NZ) Construction Law Essay Prize Competition
Oscar Read
New Zealand
Judge, Jury, and Executioner – Extending Self-certification Abilities to Trusted Building Practitioners
Second Prize Winner, SCL(NZ) Construction Law Essay Prize Competition
Erica Dysart
Erica's essay examines the current consenting framework and liability settings in Aotearoa New Zealand and looks to Australia and the United Kingdom for comparative consenting frameworks.
SCL(NZ) 2025 Conference New directions: navigating the changing construction landscape
Developments in case law are requiring construction professionals to reassess their roles and obligations. Increasing concerns regarding climate change are testing the limits of insurers’ appetite for risk and leading to potentially transformational approaches to where and how we build in Aotearoa New Zealand.
SCL(NZ) 2024 essay first prize winner: Sean Gourley
How “design, bid, build” procurement undermines the use of digital replicas
Judges’ citation: The judges commend the winning essay as a well-researched and structured exploration of an interesting and current topic.
Sean sets out the huge potential that digital replica technologies, such as BIM, can bring to all phases of construction projects in New Zealand.
SCL(NZ) 2024 essay second prize winner: Daniel Maier-Gant
Sharpening the Time Bar: Aligning time bar consequences for better enforcement
Judges’ citation: The judges praise the second place winner for their innovation. The author identifies a driver of disputes and uncertainty in the sector and proposes a drafting solution.
FIRST PRIZE SCL(NZ) 2023 Essay Competition winner: Regulation and the Race for Robots
Regulation and the Race for Robots: Opportunities and regulatory challenges in adopting smart construction robots in New Zealand explores both the opportunities presented by smart robotics in the construction industry and the challenges this emerging technology poses for regulators and the industry at large, and proposes a suite of regulatory solutions, with a focus on pragmatic risk allocation and cost-sharing arrangements.
SECOND PRIZE SCL(NZ) 2023 Essay Competition winner: Inflation in the construction industry: is a cost fluctuation clause the right solution?
The construction industry is highly susceptible to inflation - especially when the price of building materials and labour spiral out of control. This can lead to unwanted outcomes such as cost-overruns or an outward cancellation of projects. Given the current inflationary market conditions, it is important to understand how construction contracts handle the risk of inflation/price escalation. The essay highlights common issues that arise from the use of cost fluctuation clauses and explores various contract pricing models for alternative solutions.
FIRST PRIZE SCL(NZ) 2023 Essay Competition winner: Regulation and the Race for Robots
Regulation and the Race for Robots: Opportunities and regulatory challenges in adopting smart construction robots in New Zealand explores both the opportunities presented by smart robotics in the construction industry and the challenges this emerging technology poses for regulators and the industry at large, and proposes a suite of regulatory solutions, with a focus on pragmatic risk allocation and cost-sharing arrangements.
2023 Conference ‘From Surviving to Thriving’
SCL(NZ) Council extends a warm invitation to everyone to join them in New Zealand for their Conference being hosted at the wonderful new Te Pae Christchurch Convention Centre.
I See a Red Door and I Want it Painted Black: Disruption, Force Majeure and NZS3910
Considers how NZS3910 responds to the impact of unexpected no fault events, ultimately recommending that a force majeure clause become a permanent fixture in the general provisions of NZS3910. The essay considers the force majeure provisions of various international construction contracts and formulates a sample force majeure clause, adapted for the New Zealand market.